FMLA Questions

[Hopeful]

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 long history of 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 their 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?

THANKS for any information you can give us....

 

[cbg]

1.) It is 12 weeks of whatever is a standard week for the employee.

2.) If the employer knows that the employee has a condition that would potentially qualify for FMLA, they MUST apply FMLA protections (at least conditionally) regardless of whether the employee asks for it or not. It is the doctor who determines how FMLA will be used.

3.) Any condition that qualifies for FMLA and has been certified can count, but you only get 12 weeks no matter how many conditions there are, not 12 weeks per condition.

4.) If the employee has been approved for intermittant leave, any time off FOR THAT CONDITION applies. The employer can only require recertification once every 30 days.

5.) Only if there is a valid reason to believe that race, religion, national origin or another protected characteristic is the reason for the difference. There can be other reasons besides discrimination (the ADA, for example) why the two cases might be treated differently.