Comments on: Retroactive FMLA http://www.humanresourceblog.com/2008/09/02/retroactive-fmla/ Where HR Professionals Seek Answers Fri, 10 Sep 2010 00:46:02 +0000 http://wordpress.org/?v=2.5 By: Caitlin http://www.humanresourceblog.com/2008/09/02/retroactive-fmla/#comment-11149 Caitlin Thu, 04 Sep 2008 12:49:43 +0000 http://www.humanresourceblog.com/2008/09/02/retroactive-fmla/#comment-11149 Hi Gerald! We cannot comment on individual cases because we do not have all the details. However, just because an employer makes FMLA paperwork available does not automatically mean the employee will be approved for FMLA leave. The application for FMLA is approved or denied after the paperwork is turned in. As far as wrongful termination, in most states employment at will means any employer can fire any worker at any time, with or without a reason. Thanks for your comments! ~ Caitlin Hi Gerald! We cannot comment on individual cases because we do not have all the details. However, just because an employer makes FMLA paperwork available does not automatically mean the employee will be approved for FMLA leave. The application for FMLA is approved or denied after the paperwork is turned in. As far as wrongful termination, in most states employment at will means any employer can fire any worker at any time, with or without a reason. Thanks for your comments! ~ Caitlin

]]> By: GERALD FISHER http://www.humanresourceblog.com/2008/09/02/retroactive-fmla/#comment-11146 GERALD FISHER Thu, 04 Sep 2008 08:59:41 +0000 http://www.humanresourceblog.com/2008/09/02/retroactive-fmla/#comment-11146 I was offered by HR to fill out FMLA paperwork due to an auto accident on my 47th week of employment. I had over 1500+ hrs before the FMLA event, but after returning to work 2 1/2 months later, I was terminated for "Poor Performance" 3 1/2 weeks later. The employer stated I was not eligible for FMLA. Is it legal for employer's to have as their common business practice of allowing FMLA benefits for every employee that meets the 1250 hr requirement only and not the 52 week (12 mo) standard as well, and later refusing to recognize one employees FMLA rights by also seeking to terminate him/her just before their 52nd week period or date? Can an employer trump-up charges on an employee that they specifically requested him/her to accept the FMLA offer in the first place, but then state he/she has no FMLA entitlements for their wrongful discharge? I was offered by HR to fill out FMLA paperwork due to an auto accident on my 47th week of employment. I had over 1500+ hrs before the FMLA event, but after returning to work 2 1/2 months later, I was terminated for “Poor Performance” 3 1/2 weeks later. The employer stated I was not eligible for FMLA.

Is it legal for employer’s to have as their common business practice of allowing FMLA benefits for every employee that meets the 1250 hr requirement only and not the 52 week (12 mo) standard as well, and later refusing to recognize one employees FMLA rights by also seeking to terminate him/her just before their 52nd week period or date? Can an employer trump-up charges on an employee that they specifically requested him/her to accept the FMLA offer in the first place, but then state he/she has no FMLA entitlements for their wrongful discharge?

]]> By: FMLA law Family Medical Leave Act update, Latest cases on FMLA Law : FMLA Law News Update Sept 3 http://www.humanresourceblog.com/2008/09/02/retroactive-fmla/#comment-11143 FMLA law Family Medical Leave Act update, Latest cases on FMLA Law : FMLA Law News Update Sept 3 Wed, 03 Sep 2008 16:58:14 +0000 http://www.humanresourceblog.com/2008/09/02/retroactive-fmla/#comment-11143 [...] Retroactive FMLA By Rachel Frankly, somebody dropped the ball here — and we will leave it up to you to determine if it was the supervisor or the HR department. This employee should have been offered FMLA leave within the first two weeks of being absent — for your … Human Resource Blog - http://www.humanresourceblog.com [...] […] Retroactive FMLA By Rachel Frankly, somebody dropped the ball here — and we will leave it up to you to determine if it was the supervisor or the HR department. This employee should have been offered FMLA leave within the first two weeks of being absent — for your … Human Resource Blog - http://www.humanresourceblog.com […]

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