QUESTION
Can my employer deny me from taking 12 weeks of FMLA
Asked on Nov 15th, 2013 on Labor and Employment - Texas
More details to this question:
In December 2012 I took FMLA due to pregnancy and returned to work in early March. I am again pregnant and expected to deliver December 2013. I Submitted my FMLA paperwork and my employer informed me that I would only be eligible a few days of FMLA. When I asked why, the HR employee told me they use a rolling 12 month calender, so they look back at my return date. I showed her the policy which "defines a twelve (12) month period as a rolling 12 month period beginning from the first day of the new leave period. Example: If the employee's first FMLA leave began on May 1st, the leave period would end on the following April 30th with a new 12 month period beginning the first day of the next FMLA leave" HR has maintained their decision and is revising the policy and continues to tell me that I am not interpreting the policy correctly that I am told that I need to look back to my return date and that's when my FMLA would reset. The quoted statement is the policy verbatim. Are my right being
1 ANSWER
4 Awards
The employer must adhere to the written FMLA policy that was in existence at the time you requested your more recent FMLA. They cannot suddenly change the policy after you made your request for FMLA, especially when the change works against you. If you are accurately quoting the policy, then your interpretation is correct. A new 12 month period began from the date you first took leave back in Dec 2012 and a new 12 month period begins December 2013.
You should contact an attorney to review the policy and the facts and have the attorney send a letter to your employer explaining the law and warning of legal action if they do not grant your FMLA rights. You could also file a complaint with the United States Dept of Labor but that might take longer for them to resolve the issue.
Answered on Nov 15th, 2013 at 3:23 PM