(Closed) FMLA Questions

posted 5 years ago in Career
Post # 3
Member
1280 posts
Bumble bee
  • Wedding: January 2012

i believe your doctor is correct, but check with your local state work laws as each state is different.

 

Post # 4
Member
11354 posts
Sugar Beekeeper
  • Wedding: May 2009

It’s been about seven years since I was a department director and had any involvement with issues involving FMLA, but I believe your HR Director/Supervisor is exactly correct in how she is handling the situation.

Post # 6
Member
8163 posts
Bumble Beekeeper
  • Wedding: August 2012

Sorry but I think your HR person is correct.

Post # 7
Member
3626 posts
Sugar bee
  • Wedding: June 2012

I’m not in HR but according to the actual US Dept of Labor, I think your HR Director is correct in this situation. Here are the excerpts that apply (sorry for the wacky spacing, their FAQ sheet is in a PDF which causes copy/paste issues):

FMLA leave may be taken in periods of whole weeks, single days, hours, and in some cases even less than an
hour. The employer must allow employees to use FMLA leave in the smallest increment of time the employer
allows for the use of other forms of leave, as long as it is no more than one hour. If an employer uses different
increments for different types of leave (for example, accounting for sick leave in 15 minute increments and
vacation leave in one day increments),the employer must allow FMLA leave to be used in the smallest
increment used for any other type of leave. Similarly, if an employer allows for use of leave in different
increments during specific times of the day (for example, requiring a one hour increment of leave at the start of
the shift and using 15 minutes increments for leave at other times), the employer may use the same increment
for FMLA leave at those specific times of the day. An employer may always allow FMLA leave in shorter
increments than used for other forms of leave but no work may be performed during any period of time counted
as FMLA leave.” (page 1)

“FMLA leave is unpaid leave. However, an employee may request, or an employer may require the employee, to
use accrued paid vacation leave, sick leave, personal time, etc. for some or all of the FMLA leave period. An
employee must follow the employer’s normal leave rules in order to substitute paid leave.” (page 2)

(More info can be found at http://www.dol.gov/whd/fmla/)

Post # 8
Member
4803 posts
Honey bee
  • Wedding: September 2011

Your HR person is correct. Some companies will allow you to apply to go down to hourly but they are not required to do this; typically you have to either straight up take the time off or nothing. And it’s definitely legal to make you use any sick/personal/vacation time you have accrued, since FMLA is unpaid unless you qualify for disability – which is a separate thing you’d need to apply for, and also doesn’t allow you to just go down to hourly or part time.

Post # 9
Member
7240 posts
Busy Beekeeper
  • Wedding: October 2015

First, I’m so sorry for what you’re going through. Being confused about what your rights are probably only makes it worse.

My mother’s doctor signed my FMLA paperwork for “as needed” time off. This meant I could take off early, come in late and/or miss a full day when my mom needed me. When my sister was sick last year, her doctor signed me off work completely, but my job made me take 70% of my vacation time first. I’m not sure if that was legal, but I was too tired to argue about it. 

I’m pretty sure you have to take FMLA. This sort of situation is the reason FMLA exists. There is no penalty for taking FMLA. I don’t see any benefit to “just going hourly” for the that time over taking partial time on FMLA.

While your boss may be able to hire a temp to help with the work you are not able to do, you can not lose your job because you were on FMLA.

Post # 10
Member
76 posts
Worker bee
  • Wedding: September 2013

I’m an HR manager and handle FMLA leave for my company. I’d ask for clarifcation on the comapny’s FMLA leave policy before assuming the HR Director isn’t applying the law correctly to your situation. You should know that you have 12 total weeks of FMLA leave time per year (could be calandar, could be rolling, up to the company to decide).

 

The company can (and should, in my opinion) dictate that vacation or other PTO be taken concurrently with leave.

 

 

 

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