‘Benefits’ Category
FMLA counted simultainiously with short term disability
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Our company uses a “rolling” 12 month calendar to calculate the FMLA useage for employees. The short term disability program is used in conjunction with FMLA (if the disability is qualifying for FMLA). My question is - if someone is out 114 days on the short term disability - when would they be able to obtain time for FMLA again? Just say they had an active FML (5/2/2011 thru 5/2/2012) for a knee issue and then went on short term for surgery on the knee…used only 80 Hrs for FMLA the rest would be short term disability.
Under a rolling 12 month calendar year, 12 weeks of FMLA would be 60 days or 480 hours. In a rolling calendar year any remaining leave entitlement is equal to the balance of 12 weeks (60 days or 480 hours) that had not been used during the immediately preceding 12 month period.
In your example, if the employee used 80 hours from 5/2/11 to 5/2/2012 then 80 hours are reduced from the 480 hours. The employee would be entitled to 400 remaining FMLA hours from 5/2/2012 to 5/2/2013. 5/3/2013 provided the 400 hours were not used, the employee would then be entitled to 480 hours.
One note, Short Term Disability is a different benefit than required non-paid FMLA. Even thou STD is used concurrently with FMLA it should be treated separately.
Holiday Pay - new employee eligibility
A new employee is eligible for all company benefits, including holiday pay on the first of the month following the month of employment. If a salary exempt employee starts work in May, their benefits become effeitive June 1. Would they be entitled to Memorial Day Holiday Pay since it falls in May?
No, the employee would not be eligible because the benefits begin June 1. Memorial Day falls in May, when the employee is not entitled to any benefits.
How would an “unlimited” vacation policy impact accrual
Specifically, how does Illinois law dictate this sort of policy would be handled at the end of employment? Is there any vacation accrued to be paid out? How would that be determined?
Thanks
Illinois law states that the employer must pay any final compensation of separated employees in full at the time of separation, but in no case later than the next regularly scheduled payday for such employee. Employers in Illinois that provide paid vacation to its employees must maintain true and accurate records of the number of vacation days earned for each year and the dates on which such vacation days were taken and paid.
Vacation entitlement
We are inacting a new vacation policy. In the past when work was more consistent, our vacation policy was a week vacation after one year of employment, the same would follow the the next year and so forth. Now that our business is slowed down since the economy has declined, our employees are working speratically and do not usually get a 40 hour week. Our new policy is to pay a percentage of an hour vacation for every hour worked. I am not sure if that percentage should accumulate for any overtime hours they work also?
Employers are not required to provide paid or unpaid vacation, and those that do choose to provide this benefit may establish their own policies regarding how and when time is earned, when it may be used, eligibility requirements, etc. It is permitted to offer different vacation plans to different groups of employees, such as exempt and nonexempt employees. It is also acceptable for an employer to require a minimum length of employment or number of hours worked per week in order to be eligible for vacation.
If your policy states that a percentage of an hour will be earned for every hour worked, it would follow that all hours worked would earn at the same rate, even if the employee’s total hours for the week exceed 40. However, if you do not wish to let vacation time accrue on overtime hours worked, you certainly do not have to. Just be sure that the written policy clearly explains your intent, as you will be required to adhere to your own policy.
FMLA for Guardian with Power of Attorney
If an employee has a Medical Power of Attorney over an individual, and that individual has been placed on Hospice, can the employee use FMLA to take off to care for the individual?
The Family and Medical Leave Act (FMLA) allows qualified employees to take time off to care for a spouse, parent, or child who has a serious medical condition. Other family members are not covered under FMLA regulations, nor are any individuals who are not family members.
Several states, including California, Maine, & Washington, have regulations that expand FMLA by either lowering the minimum number of employees &/or adding to the definition of “family member”. For more specific information, please repost with your state.
In addition to federal and state leave laws, some employers have enacted policies that allow employees to take a leave of absence for personal or family reasons. If the employer has established such policies, then they must adhere to their own policies.
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