Help Needed – Intermittent FMLA denied because of no specific dates-Florida

[Phinsfan13]

In 4/07 my husband was admitted to the hospital with multiple blood clots to the leg and both lungs. His company helped me with filling FMLA for the 1 yr period and had no problems, during that time we found that his medical condition was genetic and would require lifelong monitoring to maintain blood levels.
We re-applied the following year for Intermittent FMLA to cover his doctor visits & lab work, which is about every 6- 8wks.
His doctor filled out his re-cert and stated exactly that "time needed abt: every 2 months for doctors & labs".
His HR dept denied the FMLA telling me that we needed specific dates entered on the form it cannot be estimated. When I explained that specific dates are not possible because it all relies on the previous visit & lab work they told me not to worry that they would work with him without the FMLA and now of course problems have occurred.

Is this allowed? Everything I have read on FMLA doesn't state anything about needing specific dates.

The entire previous year we informed them as much as 6-8wks in advance of the doctor visits & lab dates and there was no problem

Can he now file again for Intermittent FMLA? Can his company demand specific dates?
His Company has 7 facilities with over 1200 employees

Thank you for any information you can give.

 

[cbg]

I think either you or the employer is misunderstanding something.

They cannot ask for specific dates, as in, November 13 and 14. But they can ask for more specifics than, time every two or three months. As in, 2-3 days a month or, one day a month for the next three months. They don't have to accept an generic, time off. The employer doesn't know, from what was posted, if he needs two hours or two weeks.

He is entitled to up to 12 weeks per 12 month period, by the way. FMLA is not open-ended, even intermittent FMLA.

 

[Phinsfan13]

Thanks for the reply

That is excatly what they requested, the dates he needed.

And the doctor had no problem with stating 1-2 days about every 2 months which we thought was acceptable but, they insisted on the "dates" which is not possible.

So as long as it excatly states how many days or hours is needed weekly, monthly or quartly that is acceptable?

Thanks again as the information available is leaves you hanging with more questions.

 

[cbg]

Let's make sure we're on the same page here because on re-reading your post I think I may have misinterpreted something.

If the time is being taken because of a medical condition for which time is to be taken intermittently, but for which it is impossible to tell in advance when it would be needed, the doctor's assessment of how many days should be needed, is enough. If you're going to need roughly three days a month for migraine headaches, but you don't know on what days you're going to have a migraine, obviously you can't give specific dates ahead of time.

But if the leave is going to be taken for a foreseeable reason, such as an appointment to have medical treatment or lab work done, then you CAN be required to provide specific dates, and you can be required to give 30 days notice or as much notice is possible.

So if this is going to be based on appointments and the reason you can't give the exact dates is that you haven't made the appointments yet, then make them.

 

[Phinsfan13]

WOW your fast.
Yes it is actually both.

Example: he just saw the doctor Monday and currently has his appointment in place for the lab work and follow up which is about 6 weeks, but if any unforseen developement happens, such as swelling, reddness, pain the doctor would send ASAP to the lab to have blood levels tested. The doctor won't set dates until the blood results are in because if they are to low or high then he needs to be seen more often as it needs to be at a specific level.


But,
Other than the normal visits needed say every 6 weeks this is a genetic disorder of the blood that causing his blood to clot continuly, it is the oppisite of a hemophiliac so there is no way to tell in advance if any other time is needed.

So that is may question I guess, how to handle this when part of it is forseeable and part isn't. Since I can give them some dates but not all

Thanks again

 

[cbg]

Have the doctor give them what dates are available, explain when additional dates will be available, and estimate how much time will be needed in total. Repeat, have the doctor do it.