FMLA and lots of bitching!!!!!

Getting in a Pissier Mood by the Minute

Joseph just got home from work and let me know his bitch ass boss said the company has decided that since April and May are the slow months of the year, they will not be paying vacation to anyone for those months. What the fuck? We have been expecting to deliver the baby in April for right about nine goddamned months now and they come up with some bullshit about not going to pay him while he is off with me for her birth. I’m so upset about this, I’m getting sick. How can they just decide that they will not pay for leave?

I am trying to look up the FMLA law right now to see what it says. Joseph has worked there for almost two years. I know that he qualifies. I think it says the have to pay him what he has coming. I’m looking.

Okay this is some stuff off the Department of Labor web site:

Q: Does the law guarantee paid time off?

No. The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid leave, such as vacation or sick leave, for some or all of the FMLA leave period. When paid leave is substituted for unpaid FMLA leave, it may be counted against the 12-week FMLA leave entitlement if the employee is properly notified of the designation when the leave begins.

Q: Which employees are eligible to take FMLA leave?

Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles.

Q: Do the 12 months of service with the employer have to be continuous or consecutive?

No. The 12 months do not have to be continuous or consecutive; all time worked for the employer is counted.

Q: How do I determine if I have worked 1,250 hours in a 12-month period?

Your individual record of hours worked would be used to determine whether 1,250 hours had been worked in the 12 months prior to the commencement of FMLA leave. As a rule of thumb, the following may be helpful for estimating whether this test for eligibility has been met;

24 hours worked in each of the 52 weeks of the year; or

over 104 hours worked in each of the 12 months of the year;or

40 hours worked per week for more than 31 weeks (over seven months) of the year.

Q: Can my employer refuse to grant me FMLA leave?

If you are an “eligible” employee who has met FMLA’s notice and certification requirements (and you have not exhausted your FMLA leave entitlement for the year), you may not be denied FMLA leave.

Q: Will I lose my job if I take FMLA leave?

Generally, no. It is unlawful for any employer to interfere with or restrain or deny the exercise of any right provided under this law. Employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions or disciplinary actions; nor can FMLA leave be counted under “no fault” attendance policies. Under limited circumstances, an employer may deny reinstatement to work – but not the use of FMLA leave – to certain highly-paid, salaried (“key”) employees.

 Q: Can my employer fire me for complaining about a violation of FMLA?

No. Nor can the employer take any other adverse employment action on this basis. It is unlawful for any employer to discharge or otherwise discriminate against an employee for opposing a practice made unlawful under FMLA.

Okay, so they have to pay him his vacation time and count it against his FMLA time. Well, duh. I didn’t expect them to pay him for three months solid, but Jesus Christ, where does that bitch get off making up that he won’t be paid. He had better get his damn time off. She is his child too.

I’m going for now, before I swell up any more.

Y’all take care,

Meme