My boss is saying he doesn't think I'm eligible for FMLA while I'm seeking diagnosis for Covid19

Please clarify: After knowingly being exposed to COVID and exhibiting symptoms, you went to work exposing your co-workers and others? Do I have that right?

 

Please clarify: After knowingly being exposed to COVID and exhibiting symptoms, you went to work exposing your co-workers and others? Do I have that right?

 

Talk to HR on Monday.

 

Your boss did the appropriate thing in telling you to speak w/HR.

And Blue reached the same conclusion any reasonable person would absent knowledge of full-remote work.

 

No, no, Stealthy1. Totally my fault. I forgot to utilize my mindreading skilz so I would know that OP was working from home. My bad.

 

I didn't "jump conclusions". I asked you to clarify and then posted what I thought happened based on your opening post. You didn't state in your opening post the VERY pertinent fact that you were working from home.

 

Many reasonable people would include such an important piece of information in their original post. Most reasonable people who failed to do that wouldn't get snippy when someone makes a perfectly reasonable assumption based on what was actually shared.

If you don't want to be scrutinized, then don't post on a public forum.

Lastly, it's "moot", not "mute".

 

Did you speak with an HR Rep?

What guidance or information did you receive?

To be eligible for FMLA benefits, you must: Work for an employer to whom the FMLA applies. Have been employed by the employer for at least 12 months (one year).

Have worked for at least 1,250 hours during the 12-month period right before the start of the leave, IF granted and appropriate.

Work > Family Medical Leave Act > The Family Medical Leave Act

Family and Medical Leave for Arizona Employees

Your state, Arizona, has created what I term FMLA+:

What it is: Employees may use EFMLEA to care for their child whose school or place of care is closed (or childcare provider is unavailable) due to COVID-19 related reasons. This is an expansion of FMLA that provides an additional qualifying reason.

Which employers are covered under EFMLEA?

Private sector employees with fewer than 500 employees and public agencies. For federal employees, please note there may be additional restrictions.

What sort of benefits can I get with EFMLEA? Y

You can get up to 12 weeks of job-protected leave with continuous health insurance coverage. For the first two weeks, the employee will not receive pay, but for the remaining 10 weeks, the employee can receive pay at a rate of two-thirds the employee’s regular rate of pay. Pay is capped at $200 per day, or $10,000.

Who is eligible for EFMLEA?

All employees, full-time and part-time, who work for a covered employer are eligible for EFMLEA, if the employee has been employee has been employed for at least 30 days.

Do I have to use my paid leave concurrently with EFMLEA?

The DOL regulations state that for the first two weeks, the employer may ask the employee to take paid time off or personal leave, to be paid at the employee’s normal rate. For the remaining time, the employee will be compensated at the rate stated in answer 2.

Here is more information about EFMLEA?

EFMLEA expands FMLA by adding a qualifying reason.
If you have already used 12 weeks of FMLA time, you are ineligible for EFMLEA.

More info here:

Emergency Family and Medical Leave Expansion Act (EFMLEA) - Arizona Center for Disability Law

 

Do you understand the meaning of the word "clarify"?

 

At the end of the day, the volunteers responding to your question(s) rely on the information you choose to provide. You came to us, we didn't search you out. If you don't like what you get, consider yourself free to consult a lawyer.

And yes, the proper word is "moot", as Zig pointed out.

So - what did HR tell you?