Submitted by theboz14 t3_1212w8t in Washington
effCoVid-19 t1_jdncavk wrote
FMLA - Family MEDICAL Leave Act, and PFML - Paid Family MEDICAL Leave. Do you notice the M is for MEDICAL in these acronyms? I was a labor union president and had to address this issue frequently. The acronym can have slight variations from state to state, but the language is pretty cookie cutter.
Are you in a labor union? If you are, locate your CBA (Collective Bargaining Agreement) and read up on FMLA (PFML) requirements and see what the requirements are.
If you are not in a labor union, ask HR for a copy of your EMPLOYEE HANDBOOK. Read up on FMLA (PFML).
GOOGLE Family Medical Leave Act for Federal Guidelines, and specifically look for Spouse being deployed. Take that relevant information to your employer.
Off the top of my head, without looking up and refreshing my memory on FMLA:
- YOU would not be entitled to FMLA for a spouse reservist going to training for 3 weeks
- Your Spouse would be entitled to FMLA as a reservist and her employer would not be allowed to fire her or permanently replace her during her training periods
- you both would be required to make other childcare arrangements during her US based training activities, no FMLA needed
- FMLA only requires an employer to hold her job, it does not require her employer to pay her anything beyond accumulated vacation or PTO (Paid Time Off).
- 12 weeks is the maximum FMLA allows if it is a qualifying event, in any given year
- if your employer granted you 12 weeks for "childcare hardship," and your wife was killed while deployed, they legally are not required to grant you another 12 weeks for "death in the family" since you exhausted all available leave, so consider all scenarios when decision making.
- IF you had a SPECIAL NEEDS child who is "medically fragile," (leukemia, autoimmune disorder, type 1 diabetes, etc) you would qualify for FMLA to take time off from your employer, to care for the child while his/her Primary Caregiver is deployed and School is not in session. There would be some assumptions that you and your spouse would work with a social worker via your doctors office to line up qualified in home back up care so that all of his/her care needs are met during this time, should you become injured or ill (i.e. car accident, Covid, barbecue grill fire, etc.)
Have you researched all of your available options for adequate kid care? Does your or your spouses employer offer onsite kid care you can utilize? Have you asked their school about before and after school programs? Summer Programs? YMCA? Boys & Girls Club? Do you have a grandparent that can stay with you during the kids summer break and help with the kids while you are at work? These are legitimate questions I would ask an employee when counseling them on their options.
Employers need bodies to perform tasks. They offer incentives to perform these tasks, such as pay, vacation and sick leave. Some things they offer are because they value their employees, some are because the laws make them comply.
You are asking your employer to give you money so you can stay home and play with your kids. Now legally prove/debate why they should honor your request.
And I really want to hear back on how this turns out. You have piqued my curiosity. (I have 2kids in their 30's who were Active Duty Navy and both were deployed. Neither were married and neither have kids so this was never an issue or discussion at our dinner table)
theboz14 OP t1_jdnqx4n wrote
Im not taking FMLA.
PFML
You can take for
Family leave is used to take paid time off to:
Care for a family member with a serious health condition.
Bond with a new child born or placed into your family.
Spend time with a family member who is about to be deployed overseas, is returning from overseas deployment or dealing with family issues related to the deployment.
Effective June 9, 2022 You may also use family leave for the seven days following the loss of a child if you meet one of these requirements:
The following family members of a person in the military can take Paid Leave:
Spouses and domestic partners
Children (biological, adopted, foster or stepchild)
Parents and legal guardians (and spouse’s parents)
Siblings
Grandchildren
Grandparents (and spouse’s grandparents)
Son-in-law and daughter-in-law
Someone who has an expectation to rely on you for care—whether you live together or not.
What is military exigency?
Military member’s active duty or call to active duty status as qualifying exigency leave. Such events may include leave to spend time with a covered military member either prior to or post deployment, or to attend to household emergencies that would normally have been handled by the covered military member.
PFML is completely different then FMLA. One is Federal and the other is just for Washington residents that have worked 840 hours in the prior 12 month period.
As stated I am taking it because my wife is leaving for deployment and I will need to take care of my two kids while they are out of school. I cant afford having my two kids in daycare for 10+ hours a day 5 days a week. I also stated I have been approved 4 times prior for the exact same thing and had no issues taking it and unlike FMLA i will get 90% of my pay per week as they see my average work week is 50 hours a week for the last 12 month period.
effCoVid-19 t1_jdq5hh1 wrote
Well, this is IRONIC! I also live in Western WA. My husband is a Building Inspector for the City of Kirkland.
I left my job in 2018 from a School District where I worked for 16 years. The last 5 years I was union president for everyone who wasn't a teacher. I started taking care of my in-laws in 2016 and originally asked for a 1 year leave of absence to get their medical issues figured out. Admin countered and asked if I would be willing to take on a new role and work 1 day per week, and continue as union president. I agreed and did that for 2 years. Ultimately, their needs took up my time and I formally resigned. We currently have my mother-in-law in a facility in Marysville and I spend time with her regularly as she is on hospice for cancer. I fully intend to run for school board in my area this year as my next step after she passes.
Washington State Paid Family & Medical Leave was not in existence until 2020(ish) so it is still a new state program with bugs to work out. Just like WA State Labor & Industries (L&I), it will go through growing pains and people will abuse it. And just like L&I they will collect the premiums but scrutinize all payouts.
I fully understand now your frustration wasn't towards your employer for denying your 12 week leave request, it was with the State of WA for denying your Paid Family Leave, requiring you to resubmit with additional documentation.
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