Attaboy, Joe

Quote: Tanko

Yes you can. They get medical authorization for things like asthma or mother's heart condition requiring them to assist her. They know all the tricks to get unlimited days off. They can call in FML at any moment, no questions allowed to be asked. They do run out of sick and vacation time, but they can still stay out as often as they please, while keeping their job and medical benefits. I knew one who stayed out every single day, and never worked, for years, due to his mother's heart condition, while he ran a business on the side. I knew another who needed a hip replacement, but he delayed as long as he could, to qualify for FML. Whenever he felt like it, he would call in FML due to the pain. Unlimited authorization. For ambitious Civil Servants, covering the FMLA abusers creates a ton of overtime and a chance to pad their pensions.

There are limits per year. 12 weeks. Which I think is 400 and some hours (for people who break it down hourly) per annual FMLA period.

https://www.dol.gov/agencies/whd/fmla

I have not seen any FMLA abuse. Really its used for people that need to take sick days for situations where sick days would not otherwise be allowed (such as if you work somewhere that only allows sick leave for illness with the individual, but you have a child who has surgery or is seriously ill).

FMLA is a huge process and it puts a big label on you by HR, I would think abuse is low, and most people who use it legitimately need it (and it is capped, so you can't do it perpetually).



Now COVID FMLA (let me look it up, its called something different, but that is how many refer to it), is very different. I saw firsthand people abuse this, and unlike FMLA you do not have to be in the position for 12 months so you can get hired and start using it right away (or maybe 30 days):

Here it is: "Families First Coronavirus Response Act"
https://www.dol.gov/agencies/whd/pandemic/ffcra-questions

In this case the employer does have to pay you (without using up your regular PTO or leave first). Many people claimed to be "exposed" or "symptomatic" to get a paid two week vacation without using their leave.

You can even be on it for months while getting paid to help your kids with online learning, if your kids school was closed which is absurd... (I think 10 weeks paid is the minimum, for which you must be paid for at least 10 weeks at at last 2/3 of your pay after you use your first two weeks of full pay up).

One lady I worked with, ended up working like 2-3 days a week for months once COVID started because she claimed that her son needed help with the computer for online learning, her son was 17...… I no longer work for that employer, but last time I met my former boss for drinks last (not long ago), she was still doing this....

And, like I said many people take the two week paid isolation period as it is a free paid two weeks off with no documentation required.... Are some legitimately concerned that they were exposed? Probably, I would bet many were not.

This is one Federal mandate that gets abused (mostly because there is no documentation required unlike FMLA).
But, remember, this was a Trump push, nothing to do with Biden....




Breakdown of leave and pay minimum requirements for COVID Leave:

" As an employee, how much will I be paid while taking paid sick leave or expanded family and medical leave under the FFCRA?
It depends on your normal schedule as well as why you are taking leave.

If you are taking paid sick leave because you are unable to work or telework due to a need for leave because you (1) are subject to a Federal, State, or local quarantine or isolation order related to COVID-19; (2) have been advised by a health care provider to self-quarantine due to concerns related to COVID-19; or (3) are experiencing symptoms of COVID-19 and are seeking medical diagnosis, you will receive for each applicable hour the greater of:

your regular rate of pay,
the federal minimum wage in effect under the FLSA, or
the applicable State or local minimum wage.
In these circumstances, you are entitled to a maximum of $511 per day, or $5,110 total over the entire paid sick leave period.

If you are taking paid sick leave because you are: (1) caring for an individual who is subject to a Federal, State, or local quarantine or isolation order related to COVID-19 or an individual who has been advised by a health care provider to self-quarantine due to concerns related to COVID-19; (2) caring for your child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons; or (3) experiencing any other substantially-similar condition that may arise, as specified by the Secretary of Health and Human Services, you are entitled to compensation at 2/3 of the greater of the amounts above.

Under these circumstances, you are subject to a maximum of $200 per day, or $2,000 over the entire two week period.

If you are taking expanded family and medical leave, you may take paid sick leave for the first two weeks of that leave period, or you may substitute any accrued vacation leave, personal leave, or medical or sick leave you have under your employer’s policy. For the following ten weeks, you will be paid for your leave at an amount no less than 2/3 of your regular rate of pay for the hours you would be normally scheduled to work. If you take paid sick leave during the first two weeks of unpaid expanded family and medical leave, you will not receive more than $200 per day or $12,000 for the twelve weeks that include both paid sick leave and expanded family and medical leave when you are on leave to care for your child whose school or place of care is closed, or child care provider is unavailable, due to COVID-19 related reasons. If you take employer-provided accrued leave during those first two weeks, you are entitled to the full amount for such accrued leave, even if that is greater than $200 per day. "

Quote: AZDuffman

Actually, one place I worked if you called in sick they asked if it was PTO or FMLA. I knew one guy hated working there so much he called off almost every Monday. One week he lamented he had to start burning FMLA time.

There is no such thing as FMLA time. Unless it was a benefit offered by that employer. And, he would have to already be approved for FMLA.

FMLA is unpaid leave, it just guarantees that your position will be held. While on the leave you can use PTO or whatever leave you have to continue your salary (if you have enough days of PTO or whatever).

FMLA is not some program where you can just take 12 weeks off with pay. It just holds your jobs and benefits (which you have to pay into while on FMLA).

Though most places I have worked calling out sick every Monday (or even several Mondays) is usually an automatic red flag in performance reviews for attendance. Fridays same thing often.

Quote: Gandler

There is no such thing as FMLA time. Unless it was a benefit offered by that employer. And, he would have to already be approved for FMLA.

FMLA is unpaid leave, it just guarantees that your position will be held. While on the leave you can use PTO or whatever leave you have to continue your salary (if you have enough days of PTO or whatever).

FMLA is not some program where you can just take 12 weeks off with pay. It just holds your jobs and benefits (which you have to pay into while on FMLA).

Though most places I have worked calling out sick every Monday (or even several Mondays) is usually an automatic red flag in performance reviews for attendance. Fridays same thing often.

I know what FMLA is. I have both had to use it and had to administer it at a small company. At said place people usually never returned from it. And what I am telling you is that if you called off they asked if it was to be PTO time or FLMA time. AFIK each employer has their own FMLA process. As long as you can meet the criteria the employer just keeps track of it. Place I administered it was a smaller employer, maybe 100-150 people, so it was informal. When I took it last year I had more hoops but also had Short Term Disability coverage thus more complicated.

Presumably, the place I worked let people take FMLA time if they were out of PTO so the clock started running. They were very efficient at making sure people who left could not make a claim for wrongful discharge.

Quote: Gandler

There are limits per year. 12 weeks. Which I think is 400 and some hours (for people who break it down hourly) per annual FMLA period.

I have not seen any FMLA abuse. Really its used for people that need to take sick days....

FMLA is a huge process and it puts a big label on you by HR, I would think abuse is low, and most people who use it legitimately need it (and it is capped, so you can't do it perpetually).

Most FLMA abusers don't use the entire 12 weeks. Those who exceed the cap, don't get paid. Not a problem. They still got the day off. They can use it to get the day off whenever they feel like it, or to create an OT slot for a fellow worker who will reciprocate later on.

It may put a label on you with HR in private business, but in Civil Service, FML's are the untouchables.

If Biden's plan forces companies to provide a day off with pay to get checked for Covid, there will be more abuse.

Well THIS is news to me!

Quote: ams288

Well THIS is news to me!

What???

My wife has been telling me that sex has been banned since the start of the pandemic.

Quote: DRich

Quote: ams288

Well THIS is news to me!

What???

My wife has been telling me that sex has been banned since the start of the pandemic.

If you look at the average liberal woman the idea probably comes from her husband.

Quote: DRich

Quote: ams288

Well THIS is news to me!

What???

My wife has been telling me that sex has been banned since the start of the pandemic.

LOL