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Fmla offered before 1 year of service?

Discussion in 'Medical Leave & Disability' started by Curiousconfused, Apr 26, 2016.

  1. Curiousconfused

    Curiousconfused Law Topic Starter Guest

    Jurisdiction:
    Pennsylvania
    So the short story, I had to take a day off to take my fiancé to a specialist. My manager, upon my return and me telling him what it was for, approved me for fmla and handed me the paperwork, about a week before my one year anniversary with the company.

    Is this ok? I appreciate the help he is offering, but I would hate for anyone to get in trouble for it.
     
  2. txls

    txls Well-Known Member

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    I don't see any big deal since it is just one day and being that close to your anniversary.
     
  3. cbg

    cbg Super Moderator

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    The only way I can see this being a serious issue is if, sometime down the road within the next year, you are on the verge of running out of FMLA time and need that day. Yes, it's technically a violation but if it doesn't cause you any harm later, it shouldn't be a problem. It's not like there are FMLA auditors coming in.
     
  4. army judge

    army judge Super Moderator

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    FMLA doesn't speak to a fiancé as a covered family member.

    Covered family members under the Family and Medical Leave Act (FMLA) are the employee’s spouse, son, daughter or parent as defined in the FMLA Regulations Definitions.

    I'd be more worried about FMLA being legitimate for a fiancé than the one day. I suggest you discuss this with your benefits coordinator or HR official before relying on this option. I'm sure your superior wants to help, but I'd want to ensure its in compliance with policy.

    - Read more about this topic at: FMLA: Eligibility: Who is a covered family member under the FMLA?
     
  5. ElleMD

    ElleMD Well-Known Member

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    It is also possible that your employer is more generous than the legal minimum as far as granting leave. Or, your manager was just erring on the side of caution by giving you the paperwork.
     
  6. cbg

    cbg Super Moderator

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    While that is true, the same answers apply. There is no FMLA police that is going to come in and examine the records looking for errors. Unless at some point in future the OP is in danger of running out of FMLA and a day that shouldn't have been FMLA but was assigned so is going to tip the balance, while technically a violation it's not going to do any harm in the long run.
     
  7. Betty3

    Betty3 Super Moderator

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    I agree with army judge - I don't see taking *one* day off to take *fiancé* to a specialist would qualify as FMLA. "Probably" will not result in a problem though.
     
  8. army judge

    army judge Super Moderator

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    When I dispense my FREE information, I take no position with one might do with it.
    I always advise my friends, neighbors, and relatives although I'm discussing the law; I'm not their attorney.
    In this instance, I only shared the Secretary's position on the matter.
    The OP is free to take it for what it is, FREE information.

    I'm simply a humble servant of the people in their search for justice and legal enlightenment.

    As mother would always say, "Son, the world has room for everyone's opinion. Never be afraid to imitate the birds, chirp, chirp, chirp."

    Mother always made me laugh, feel better, and strive to be a helper, not a whiner.

    Danger, Will Robinson, Danger!!!!




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