Intermittent FMLA?

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glengarry01

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I have had 2 major knee surgeries (reattached quad tendon to kneecap) due to an injury suffered at work in June 09. My employer (State of Mo.)shortly afterward filed me for FMLA leave. I was off work for 16 wks from the surgeries exhausting my FMLA leave time. I have been back to work, on limited duty since late Sept 09, and am now back to full duty. I am still experiencing a lot of knee pain and swelling.
I would like to file for intermittent FMLA due to write-ups my supervisor has given me due to my attendance. He is requiring Drs. notes for every absence. I am still under my workman's comp Doctors care. What are my options? I don't want to ruin my knee now that it's getting better. Thank you.
 
I have had 2 major knee surgeries (reattached quad tendon to kneecap) due to an injury suffered at work in June 09. My employer (State of Mo.)shortly afterward filed me for FMLA leave. I was off work for 16 wks from the surgeries exhausting my FMLA leave time. I have been back to work, on limited duty since late Sept 09, and am now back to full duty. I am still experiencing a lot of knee pain and swelling.
I would like to file for intermittent FMLA due to write-ups my supervisor has given me due to my attendance. He is requiring Drs. notes for every absence. I am still under my workman's comp Doctors care. What are my options? I don't want to ruin my knee now that it's getting better. Thank you.


You won't be eligible for FMLA again until after you've been back at work for 12 months. Unfortunately there is nothing you can file to protect you from being fired for your attendance issues.
 
Well, actually until you've worked 1,250 hours since you returned, assuming the company is using the "rolling year" method of determining eligibility.
 
To qualify for more FMLA, you must have worked 12 mos and 1250 hrs since your last use of FMLA, to be eligible for furhter FMLA, intermittent or continuous.
You may also be eligible for an schedule change, including a change in the number of hours you work per day or week due to your injury if it qualifies as a disability under ADA, and it most likely would. Ask you HR and physican about disability accomodation AND intermittent FMLA as "reasonable accomodations" for your injury if it qualifies as a "disability". I would guess that it most likely does. Even if you do not qualify for FMLA again, you DO qualify for ADA reasonable accomodation, as in a change in your hours and/or schedule even if they determine you are not eligible for FMLA.
 
To qualify for more FMLA, you must have worked 12 mos and 1250 hrs since your last use of FMLA, to be eligible for furhter FMLA, intermittent or continuous.
You may also be eligible for an schedule change, including a change in the number of hours you work per day or week due to your injury if it qualifies as a disability under ADA, and it most likely would. Ask you HR and physican about disability accomodation AND intermittent FMLA as "reasonable accomodations" for your injury if it qualifies as a "disability". I would guess that it most likely does. Even if you do not qualify for FMLA again, you DO qualify for ADA reasonable accomodation, as in a change in your hours and/or schedule even if they determine you are not eligible for FMLA.



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Is there a reason why you've resurrected a thread from January? :confused:
 
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