FMLA leave requirements

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Klockdoc

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US Federal Law
Question. My spouse is flaccid on her left side and wheelchair bound. She has to have help going to the restroom and eating food. She is currently is a skilled nursing facility.

FMLA requirements list caring for a spouse for a serious health condition as a qualifying condition.

If the spouse wants to visit her family members, is taking off work to provide help for her serious condition a qualifying event?

Thank you.
 
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It might be - you would be providing "psychological comfort." Talk to your company's HR department.
 
Klockdoc said:
If the spouse wants to visit her family members, is taking off work to provide help for her serious condition a qualifying event?
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This seems to be saying two different things. Taking time off to provide for your wife's care is certainly covered by FMLA. However, I don't understand the first part of this sentence. Visiting her family members isn't something that's going to be covered. DISREGARD...I misread.

@cbg will be along shortly, but it would be helpful if you could clarify your question.
 
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Clarify for me. She is currently in a skilled nursing facility - is that now her permanent residence? Or will she eventually be returning home?

In either case, you are looking to temporarily remove her to visit family members?
 
Let me back up here a moment. When I came back after shoulder surgery, I went part time. I explained to the company that since my wife had a stroke, there would be times that i would need to tasks off and care for her… doctors visits etcetera.

I had taken off on Christmas week in 2023 on FMLA for my wife and stated so to my Supervisor. Have text messages to confirm.

Now in 2024, I took FMLA for Thanksgiving and Christmas. I noticed that the company didn't pay me for the Holidays. I reported to the Supervisor as FMLA requested and want to get paid for those days.

They said I didn't fill out any of the forms or have a medical requirement for Fmla from my wife's doctor so I wasn't eligible.

My contention is that when I first informed the supervisor of my need for Fmla for my wife, it is the company's responsibility to provide me with….
Eligibility and Rights and Responsibility paperwork
The need for a medical release for intermittent Fmla
Their statement on "peak period" absence does not fly because Fmla does not care about these conditions. It is a federal law and that overrides that situation.

So, they won't pay me for those days off or remove the 24 hours of unexcused absence.

So my question is should I pursue this with wage and hour or does the HR department have a case against this?

Also, no posters from Wage and Hour posted about FMLA rights.
 
Klockdoc said:
Let me back up here a moment. When I came back after shoulder surgery, I went part time. I explained to the company that since my wife had a stroke, there would be times that i would need to tasks off and care for her… doctors visits etcetera.

I had taken off on Christmas week in 2023 on FMLA for my wife and stated so to my Supervisor. Have text messages to confirm.

Now in 2024, I took FMLA for Thanksgiving and Christmas. I noticed that the company didn't pay me for the Holidays. I reported to the Supervisor as FMLA requested and want to get paid for those days.

They said I didn't fill out any of the forms or have a medical requirement for Fmla from my wife's doctor so I wasn't eligible.

My contention is that when I first informed the supervisor of my need for Fmla for my wife, it is the company's responsibility to provide me with….
Eligibility and Rights and Responsibility paperwork
The need for a medical release for intermittent Fmla
Their statement on "peak period" absence does not fly because Fmla does not care about these conditions. It is a federal law and that overrides that situation.

So, they won't pay me for those days off or remove the 24 hours of unexcused absence.

So my question is should I pursue this with wage and hour or does the HR department have a case against this?

Also, no posters from Wage and Hour posted about FMLA rights.
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Not looking for FMLA pay, just holiday pay. I used well being pay for days absent.
 
I'm still looking for the part where you had FMLA forms filled out by the doctor and submitted to HR.

I explained to the company that since my wife had a stroke, there would be times that i would need to tasks off and care for her… doctors visits etcetera.

doesn't cut it. They are entitled to medical confirmation before approving FMLA.
 
Sorry for the confusion. I'm not at all familiar with FMLA requirements.

Wouldn't it be the responsibility of the employer to provide me with the proper paperwork and explain the need, knowing that I would be taking intermittent Fmla for those instances?

Or mention that that certain paperwork is required and direct me to HR? I just found out that registration is provided by an outside source for the employer!
 
In truth, yes it is. But if they don't, it's better for you to be pro-active than to do nothing.

As I understand it, they did provide you with the leave; you just want to be paid for the holidays?
 
Yes. I took well being days for the days absent. I want to get paid for holidays.

HR keeps saying that I took Fmla two years before but not eligible now. I took short term disability for rotator cuff surgery. I had no idea that Fmla was used.

HR is assuming I knew how Fmla works. As far as I know, it was short term disability
 
When I applied for short term disability, the doctor supplied all the paperwork to that department. I didn't have any idea that it would be classified as Fmla so I didn't have any idea paperwork was needed for that type of leave.

Maybe for long term I would have thought about it but for intermittent like a day or so I didn't.
 
To be eligible for FMLA, all of the following must be true:

1.) You must have worked for this employer for no less than 12 months
2.) The employer must have a minimum of 50 employees within a 75 mile radius of your location
3.) In the 12 months immediate preceding your leave, you must have worked a minimum of 1, 250 hours for this employer
4.) You or a qualified dependent/beneficiary must have a serious health condition as defined by the FMLA statute.

However, at the same time, if all of the above is true, the employer is required to apply FMLA, at least tentatively, if they have reason to believe that FMLA might apply. The designation can be retracted later if it should prove that all the criteria are met, but the employer is mandated to apply FMLA whether you request it or not, if the information they have leads them to think that FMLA applies.

FMLA Is leave. STD is how you get paid while you are on leave. They are not mutually exclusive.

Now, here is another question for you, Do employers who are on other forms of leave get the holidays paid?
 
cbg said:
To be eligible for FMLA, all of the following must be true:

1.) You must have worked for this employer for no less than 12 months
2.) The employer must have a minimum of 50 employees within a 75 mile radius of your location
3.) In the 12 months immediate preceding your leave, you must have worked a minimum of 1, 250 hours for this employer
4.) You or a qualified dependent/beneficiary must have a serious health condition as defined by the FMLA statute.

However, at the same time, if all of the above is true, the employer is required to apply FMLA, at least tentatively, if they have reason to believe that FMLA might apply. The designation can be retracted later if it should prove that all the criteria are met, but the employer is mandated to apply FMLA whether you request it or not, if the information they have leads them to think that FMLA applies.

FMLA Is leave. STD is how you get paid while you are on leave. They are not mutually exclusive.

Now, here is another question for you, Do employers who are on other forms of leave get the holidays paid?
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I assumed you meant "employees "?

Yes, if requested time off is approved and followed by a holiday, then holiday pay is paid during most of the year.

In this situation, (I believe) the time off was denied because of "peak period" when we are the busiest. But FMLA being a federal law does not recognize an employers need for work and if qualified the reason must be approved.

I informed the employer when I returned to work after my std and ( whoops) and explained my situation with my wife and the need for occasional intermittent Fmla. I'm not requesting a duration, just intermittent time. I even mentioned to the supervisor that was requested leave was for Fmla.

The HR person is giving me the reason that I didn't apply and therefore not eligible. I believe they are trying to protect the Supervisors decision and her not wanting to change his decision.

Also, there isn't any posters posted describing Fmla and the requirements needed. Also a requirement by wage and hour and could enforce a penalty against the company.

I don't want to go this route. I just want paid for the time I requested.i believe I'm correct in all my dealings and being railroaded by the companies HR department. I'm also willing to go to wage and hour to prove my position.
 
cbg said:
If you believe FMLA has been violated, your recourse is to make a complaint to the US DOL.
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At the moment, however,the entirety of the US GOVERNMENT isn't open.

Perhaps, the OP will one day (in the distant future) be able to initiate a complaint, IF AND WHEN, the US Government opens.
 
That's quite true, Judge. However, that doesn't change the fact that a complaint to the DOL is the proper recourse for the OP's complaint. Since under the law, he's not entitled to be paid for time he doesn't work, including holidays, the only way the employer is going to be forced to pay him for those days is if he can tie it to a FMLA violation.

As employees on other forms of leave were paid, I'm not saying he doesn't have a violation. But if I am reading the dates right, he's had close to a year to address this, and if the way forward is now blocked by the government shutdown, he has no option but to wait till it opens again.
 
cbg said:
if I am reading the dates right, he's had close to a year to address this, and if the way forward is now blocked by the government shutdown, he has no option but to wait till it opens again.
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Yes, most of what we desire, achieve, acquire, or earn; depends on fate or fortune to shine on us. Sometimes it does, other times it doesn't.

Here's hoping that all of those seeking to right a wrong receive the justice they pursue.
 

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