Texas FMLA

[scaredwifetx]

I just found out today from my companies HR person that my job will not be protected if I need to take any kind of leave. The company does have over 300 employees but because my branch is in Dallas and has less than 50 employees I will not be protected. Obviously my company has looked at the laws for Texas. I have worked for 15 years with this company, never in any trouble, have always given this company my best and have went above and beyond the call of duty for many years. I insure my husband and have paid for 15 years and if lose this job Cobra is very expensive. The corporate head quarters are in California and employees in some states are protected by state laws. Texas does not have its own state law so falls under federal. How can this be right? How can any company do this to someone especially a employee that has given that many years to a company.?Can believe it all comes down to numbers. Does anyone know anyway around this?

 

[Vincent]

Welcome to right to work. In 1941 people went to war to fight fascism, this generation seems to embrace it. We just call it capitalism.
Vincent

 

[lgelb]

The rules for FMLA eligibility include working at a location with at least 50 employees within 75 miles. I don't see any way around that.

But if you leave your job, and your combined income (or lack thereof) qualifies you for Medicaid or a Marketplace subsidy, you can elect whatever you qualify for, that is cheaper than COBRA, instead of COBRA. You can sign up from 60 days before you lose coverage to 60 days after. See dol gov /ebsa (experimenting to see if this format triggers mod).

 

[Green Queen]

There's a saying that everything is bigger and better in Texas. Apparently not.
My heart breaks for you, being so loyal for such a long time...
There is so much going on for you without the added stress of your job.
Unfortunately I have no advice or knowledge, but I really do hope that you get help that really does help.
All the best.
God bless, Janelle x

 

[LifeEnthusiast]

I remember when my Dad had terminal cancer decades ago, how terribly the company treated him. Still burns my arse to this day. My thoughts go out to you. It must be like a double-punch to the stomach. Hugs.

 

[gooseberry]

FL is the same way. Luckily I am at a big enough location.

 

[Atsugi]

SCARED: When I took FMLA, I continued to work some days of the week.

See if you can take leave (paid or unpaid) three days a week instead of all five days each week. That way you can "protect" your job two days each week.

 

[gooseberry]

Mike is right. You can do intermittent fmla. It can even be on a call in and not scheduled basis.

 

[scaredwifetx]

Thanks everyone for your suggestions. My company does not allow anyone to work part time but what they can't do is stop me from taking my vacation time and six personal days per year so I will save it up and use what I have. Yesterday, I received a job offer for a company that I have wanted to get in to for a couple of years. I let them know what is going on and to be fair had to turn it down due to my inability to travel. They promised me that whenever I was ready to make the change to let them know. So...it might be rough for a while but I have options down the line. I just can't believe Texas does not have a law to protect families in their greatest time of need and that my company could be so heartless.
There are a lot of caring people and companies out there so this will not break my spirit like it broke my heart. We have had a great amount of support the past couple of weeks and may have help getting our bathroom remodeled and ramps put in our house. We are past the shock and are starting to plan and prepare so not all is bad. Thanks to all my new friends on here I do have hope that we are ready to battle this disease one day at a time.

 

[lgelb]

It is true that FMLA can be intermittent and sporadic, but the eligibility criteria still apply. Deb is not eligible for FMLA as federally mandated at her current location. And if she changes jobs, she has to work there a year and 1,250 hours in that year, before being eligible, assuming she meets the other criteria.

I just don't want to give anyone inaccurate information.

That said, Deb, I would talk with HQ HR if you really want to stay with the company, and see what you can work out in a non-FMLA context. If they don't want to play, as I said, I would consider looking elsewhere. You had other issues, like the travel, as I recall.

 

[Barbie]

Yes, I would call the big cheese of HR at the headquarters and talk with them. perhaps there is a way around because of your special circumstances. the company is not that big and they are human beings after all. if you don't get anywhere, you may want to at least consult with an attorney just to see if you have any legal recourse. consults are usually free.

 

[Atsugi]

Ditto what Laurie and Barbie said. You may find that the head of HR will work with you. They know the value of keeping experienced people, and they got into the HR filed because they are people persons.

I made a big mistake at my last job when I was caring for my PALS--I didn't talk with HR. I highly recommend having a good relationship with the HQ HR people. They know all the rules and exceptions and can work with you.

Keep your future in mind. Someday you'll need it.

 

[scaredwifetx]

I have actually know the head of HR for years and was very close to her. She has her hands tied and all decisions she makes are trumped by the owner. Private company and there have been issues with understanding of health issues for other long term employees in the past. One person had cancer and had been with the company for years. He asked to work part time to keep his insurance benefits and was not allowed. There are more stories like this one. It's a sales company with good benefits until you need them and to them its all about the bottom line. Everyone can be replaced by younger sales people who will work for less. However, if I have to take a medical leave I may be protected and I am pretty sure my mental health will suffer towards the end.