Hi, I have a few questions regarding FMLA. Several people where I work ask me questions and I have tried to read up on it for my own knowledge as well as theirs but it it is still somewhat confusing. Okay here goes:
1. Do I understand correctly that a work week is based upon what hours you are
normally scheduled? i.e. a person who normally is scheduled 5 days a week would
be entitled to 60 days of FMLA and a person whose normal schedule is 4 days a
week would be entitled to 48 days of FMLA and a person whose scheduled hours
are sporadic would have their weekly hours average and their number of FMLA days
would be figured accordingly, and so on and so forth?
2. Does the EMPLOYEE have to request to use FMLA time for time they are going to
miss or can an EMPLOYER demand that the time you are off be used for FLMA
time and make you sign an FMLA form? Also who determines that FMLA will be
used intermittently, the employer or again does the employee have to request to
use it that way?
3. Does the reason you have off all have to be related to the same condition? For
example if someone was off for surgery for 6 weeks then returned and a week later
was off for two days with the flu and then a month later off for a day due to a
toothache......do all those days count against FMLA or just the 6 weeks of surgery?
4. I am confused by intermittent leave. For example: Employee #1 has an ongoing
problem with diabetes and misses a day or two here and there. Can the employer
just write across the top of a leave form that it is intermittent and then count every
day missed toward FMLA? Does the medical person(s) have to fill out a certification
form every time they are off even tho they did not seek medical attention that day?
5. Also what if there is another employee who has a problem with ongoing migraines
and misses frequently
because of them but has not been made to sign an Intermittent FMLA form so
therefore never has to use a day of her 12 weeks up while Employee #1 above is
running the risk of using all their days up and being fired immediately. Both are
LONG term employees. Wouldn't this be some form of discrimination?
1. Do I understand correctly that a work week is based upon what hours you are
normally scheduled? i.e. a person who normally is scheduled 5 days a week would
be entitled to 60 days of FMLA and a person whose normal schedule is 4 days a
week would be entitled to 48 days of FMLA and a person whose scheduled hours
are sporadic would have their weekly hours average and their number of FMLA days
would be figured accordingly, and so on and so forth?
2. Does the EMPLOYEE have to request to use FMLA time for time they are going to
miss or can an EMPLOYER demand that the time you are off be used for FLMA
time and make you sign an FMLA form? Also who determines that FMLA will be
used intermittently, the employer or again does the employee have to request to
use it that way?
3. Does the reason you have off all have to be related to the same condition? For
example if someone was off for surgery for 6 weeks then returned and a week later
was off for two days with the flu and then a month later off for a day due to a
toothache......do all those days count against FMLA or just the 6 weeks of surgery?
4. I am confused by intermittent leave. For example: Employee #1 has an ongoing
problem with diabetes and misses a day or two here and there. Can the employer
just write across the top of a leave form that it is intermittent and then count every
day missed toward FMLA? Does the medical person(s) have to fill out a certification
form every time they are off even tho they did not seek medical attention that day?
5. Also what if there is another employee who has a problem with ongoing migraines
and misses frequently
because of them but has not been made to sign an Intermittent FMLA form so
therefore never has to use a day of her 12 weeks up while Employee #1 above is
running the risk of using all their days up and being fired immediately. Both are
LONG term employees. Wouldn't this be some form of discrimination?
