FMLA Regulations Archives

Would you make this trade?

Let’s get crazy and imagine this scenario could occur. This is a two part question, one for liberals, the other for conservatives.

Conservatives: A Congress and President is elected that is ready to abolish the IRS and implement the Fair Tax/Flat Tax – pick your favorite. They are staunchly anti-regulation and pro-business. They have passed the Balanced Budget Amendment and are awaiting the states decision. They have privatized social security and repealed “Obamacare.”

They also repeal DOMA. They repeal DADT. They pass the “Marriage Equality Act” prohibiting states from banning same-sex marriage. They pass the “Women’s Reproductive Liberties Act” which repeals the Partial Birth Abortion Ban act and provides federal fundings for abortions where applicable – i.e., military, in insurance plans for federal employees, etc.

Accept or reject?

Liberals – A congress and President is elected that is actually willing to stand up to the corporations and big banks. They take the hammer to Wells Fargo, Bank of America, Chase, smashing them into smaller regional banks to limit t their influence. They reinstate Glass-Stealy. They repeal the Bush Tax cuts. They get us the $#@% out of Iraq and Afghanistan. They bend over the unethical credit card companies and securities brokerage firm and just @#%@%@% them. They raise the minimum wage.

They also gladly watch a supreme court reverse Roe v. Wade. They not only don’t reverse DOMA, but push for a Constitutional Amendment banning abortion and defining marriage as a man and a woman. This hypothetical President is more religious and open about it than George Bush. They gleefully repeal FMLA.

Accept or reject?

I ask because I contend for most people, social issues trump economic ones and easily. The only exceptions to this that I’ve observed are very wealthy people.
Edit: Please state whether you identify yourself as a conservative or liberal.

If you are sick or injured can the company “Force” you to use one of your “Personal” or “Vacation” days to cover the missed time (Hourly Employee) when you request it to be “Unpaid” time?

Here is the exact scenario; I called out “Sick” when I injured my knee and they “Took” one of my personal days without my authorization to “Compensate” for the 40 hour workweek, I am an “hourly” worker.

I have been unable to find an answer to this specific circumstance under the “Family Medical Leave Act” regulations but believe they are not allowed to “Take” your personal or vacation time for up to 12 weeks of “unpaid” FMLA time if you request it to be “Unpaid” time off?

Can anyone give me guidance on this to help straighten out our HR office here? Thanks in advance!

Jerry

Help with Military Leave Laws!!?

My husband is coming home in December for a year long tour in Iraq! I started a new job over a year ago and during my interview I made it clear that I would be wanting off for R & R and also time for when he was done with the tour! My job is now giving me trouble and not wanting to let me off. I do know that President Bush passed a new law in January 2008! I was just needing some clearity to see if I would be covered under this law! Or if there is anything that could cover me with my job. Anything would be greatful and oh so helpful! Thank you so very much. This is what the new law states…….

The Family and Medical Leave Act and National Defense Authorization Act for FY 2008On January 28, 2008, President Bush signed into law H.R. 4986, the National Defense Authorization Act for FY 2008 (NDAA), Pub. L. 110-181. Among other things, section 585 of the NDAA amends the Family and Medical Leave Act of 1993 (FMLA) to permit a “spouse, son, daughter, parent, or next of kin” to take up to 26 workweeks of leave to care for a “member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.”The provisions in the NDAA providing this leave are effective as of the date of the President’s signing. The Department of Labor is working quickly to prepare more comprehensive guidance regarding rights and responsibilities under this new legislation. In the interim, WHD will require employers to act in good faith in providing leave under the new legislation. Because the NDAA amends the FMLA, FMLA-type procedures should be used as may be appropriate (for example, procedures regarding substitution of paid leave and notice). The NDAA also permits an employee to take FMLA leave for “any qualifying exigency (as the Secretary [of Labor] shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.” By its express terms, this provision of the NDAA is not effective until the Secretary of Labor issues final regulations defining “any qualifying exigency.” DOL is expeditiously preparing such regulations. In the interim, DOL encourages employers to provide this type of leave to qualifying employees. DOL will update this page as additional guidance is developed and published. To view the amended Title I of the Family and Medical Leave Act:

I feel sorry for the working mothers of America. Many of them do not even know how bad they truly have it. The United States is one of the very few developed countries who does not put regulations on FMLA to give mothers a paid maternity leave.

The norm for most women in America is 12 weeks (unpaid) leave and if it is within that time…you’re job will be held. This is only guaranteed if you work for a larger company. What a sick joke.

Why do you think this is? Greed from companies, the direction the U.S. Feminist Movement went or what? I think all mothers deserve a year of paid time to stay home with your baby without worrying about money. I thought about posting this in Gender Studies but would like to hear what the mothers think.
On the contrary Parental Unit: You are referring to the European Womens Liberation. They were responsible for extended maternity rights. The U.S. Womens Liberation did not even want the term or idea of “Motherhood” mentioned in their arguments. Men and women were suppoosed to be “equal.” How does your argument make sense?

Google European Womens Liberation vs. U.S. Womens Liberation and educate yourself.

My employer doesn’t have any set pay for maternity leave and am requiring me to take all vacation and then FMLA. There is no short term disability. I know all the regulations for FMLA but since I am on salary I think the company should be required to pay me while I am on leave. I don’t plan on using all 12 weeks allotted for FMLA. I have 2 weeks of vacation and if everything goes well at delivery then I’m only going to take 4 weeks of FMLA (maybe less). Since I am on an annual salary, should my employer be require to pay me while I’m on a leave of absence?

Family and Medical Leave Act (FMLA)?

here the question to my homework and i just cant find it can anyone help me please?
What regulation on family and medical leave act in California, New Jersey, Hawaii, and Texas each have that the other doesn’t have?

When i researched it i found that it basically says the same thing.
Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

* for the birth and care of the newborn child of the employee;
* for placement with the employee of a son or daughter for adoption or foster care;
* to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
* to take medical leave when the employee is unable to work because of a serious health condition.

What are the main HR Regulations?

Title VII
FMLA
Age Disc
ADA
Aff Action

any others, and what are they?

FLMA regulations for teacher in Texas?

FLMA regulations for teacher in Texas?
I just found out I am pregnant and I was wondering how FMLA works. I would be due in mid Sept. I want to take the most time off I can. I do have a short term disability policy that will pay 80 % of my wages for 6 weeks. Can I take FMLA with this? I will also have 2.5 weeks of paid sick time and personal leave. Does my doctor have to approve 12 weeks off or am I entitled to that regardless due to the birth of a child and having to care for the baby?

Any and all the info you have will be very much appreicated! Thanks in advance!

FMLA Question – PTO policy vs. FMLA?

Hello all,

My company requires PTO be taken in half day (4 hrs) or full day increments (8 hrs).

I know that FMLA allows employers to limit leave increments to the shortest period of time that the employer’s payroll system uses to account for absences or use of leave, provided it is one hour or less (29 CFR 825.203(d)).

So, my question is… since we require the employee to use PTO concurrently with FMLA, would they be able to take PTO in one hour increments? or do we follow our PTO policy?

Full points for a good answer that references the regulations. Thanks!

FMLA for military spouse…qualifying exigency?

Normally, military spouses undergo stress during a deployment…which I have (including a miscarriage). However, my boss has made that stress so much more than it needs to be, and I am ready to quit my job. Rather than quit, am I able to take FMLA under the terms of the new regulations of FMLA for military family members? Would my stress be considered an exigent circumstance? If not, would this possibly just fall under general FMLA terms?

(E) Because of any qualifying exigency (as the Secretary shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation

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