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FMLA and PDO question
Aloha Ladies,
I am hoping I have an HR person on here since my HR lady from my company is not giving me a straight answer. And this may help some of you ladies who are in/could be in the same situation as I am now.
My FMLA is up on Nov 5th which means I should return to work on Nov 6th. I had saved (on purpose) all my PDO days so that I could use them after the baby was born (for sickness and we are going to MD for x-mas).
I emailed my boss yesterday to let him know that I would not return to work on Nov 6th, but I would be back on Nov 11th and for those few days, I would be using my PDO balance (I have saved 25 days). He forwarded my message to HR and I have been in limbo since then. I am thinking I can still use my days but I have to come back to work for at least 1 day to change my employment status from FMLA to Active.
I am going to be really pi$$ed off if I won't be able to use any of those 25 for the year....I just book our plane tickets!
Anyone know how this works?!
Re: FMLA and PDO question
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Renee!!! I need to send you an e-mail....
Your reasoning sounds right. The only thing would be if your supervisor needs to actually approve your request to take your PDO (paid days off?). The process at my employer is that you submit a leave request and the supervisor needs to approve it (which he normally does, without question, and is really just a formality/documentation/paper trail thing).
I hope everything works out for you and that your PDO goes through!
Every place is different. Here you have to use all your PDO before you go into unpaid time (our FMLA is completely unpaid). But I'm guessing you would already know that!
I think you may have to come back to change your status, but if you haven't used or been paid for your days, they can't just take them from you. However, your supervisor could not approve the days right now (here that would never happen b/c we would be afraid of looking "not family friendly).
not an HR person - but I did just attend a legal conference about federal employment law...
your particular question can only be answered by your company's policy. Some companies require you to use your FMLA and PTO (PDO) time concurrently - and that is legal (i.e. you must deplete your days off while on FMLA).
One way to think about it, FMLA is not a time off work program, it's just an employment protection program so your employer is able to set their own paid time off requirements, of course if you find out this happened to you they should have paid you for that time since you were using paid time off...
I know some states have abolished the forced concurent use, but I only work under Fed. law so that issue wasn't really brought up.
from a common sense standard I agree with everything in this post
I think that since you were not offered payment for your PDO during your FMLA absence from work they probably will allow you to use them because if it was company policy that you had to use your days while gone they should have let your know before you left.
But like Nicole points out, if your policy states someone needs to approve any PDO there is a chance they may not approve them and as long as they are acting within their policy that would be ok.
I hope everything works out!!
My company does this. You must use up to 15 PTO days at the same time if you have them, then they match with 15 days paid. If I had more PTO than 15, I could then add that to the end or begining of FMLA time. It all depends on your company policy.
Agree.
I am inpatient so here is more background
:
Management does have to approve for PDO but my manager doesn't care when we take off...I think he just sent my email to HR due to my trying to use PDO backed with the FMLA.
Here is my original email:
**BEGIN**
Renee: I just wanted to let you know that I will be using a few days PDO before I come back to work. I am looking at Nov 11th or 12th as my day back (using PDO from 6th on).
HR: The FMLA does not allow you to take PDO while on FMLA, if your manager approves you to be out past the approve FMLA it will be unpaid. You can however request a lump sum pay out of your vested PDO. If you wish to take a lump sum you will need to send me the request in writing.
Renee: I am confused. Why can't I use my PDO once my FMLA is over?
HR: You have to return to work once your FMLA is up as you no longer are approved to be out, if you don?t return to work you will no longer be job protected.
Renee: I just looked in the employee benefits handbook and I don't see anything that answers my questions. Sorry I have to keep coming back to you for clarification, so please bear with me.
There was an option that I *could* use my PDO days concurrent with FMLA if I wanted to get paid. I didn't choose this option since MH and I could afford for me to take an unpaid leave. I wanted to make sure I had those 20 days as back up and didn't want to use them as part of my FMLA.
Did they tell you that if you didn't use your PDO concurrently with FMLA, that you would lose all of it? I wonder when/if you'll be able to use your accrued PDO...or does it just vanish into thin air?! It would probably be good to get your hands on your company's policy and read it for yourself.
Do you have any e-mails/documentation that show you were led to believe your PDO would still be accessible by you after FMLA ended (if you did not use it concurrently with FMLA)?
I'm a little bit confused by the email chain.
On one hand it says you can't use your PDO while on FMLA, but on the other hand they say you can ask for it to be paid out and then it gets more confusing when they start talking about the option to stay out of work as unpaid leave. (I don't recommend that at all b/c you want your job to be protected and that would require you to become a regular, active employee as soon as FMLA ends).
Can you ask them what happens if you return to work on the 6th - FMLA leave ends and you are an active employee again and then opt to start using the leave time you have accrued.
Are you going somewhere right away, or would it be possible to go back into work for a few days and then use PDO off as necessary (especially for your pre-planned trip to MD).
I think your HR person is a little confused, which is causing her responses to be confusing.
I agree with pp; try to return to work for one day to activate your employee status, then use your PDO time. I don't see any reason why that shouldn't work (unless your manager objects, which isn't the case here).
Thanks everyone..I thought it was just me but I think my HR person is confused as well. I never received anything that told me that I would lose my PDO...we'll see. I think I will have to return to work for one day to become active as you all have recommended. Fingers crossed.
Thanks!!!
My company is similar. You have to use 10 days PTO upfront before the Long-Term Medical Reserve kicks in (which they give you 15 days plus you can add time to it...if you don't use all of of your PTO for a year, 10 days are forwarded to your PTO for the following year and then the remainder goes into the LTMR). I did that this year...forwarded 10 days and then put 14 in the LTMR "bank" so I could take a longer maternity leave. By the time I am out on leave I will have 58 days saved up (which includes comp time, PTO and LTMR) as well as two holidays, for a total of 60 days or 12 weeks off. My company doesn't qualify for FMLA...we're too small.
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