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Intermittent FMLA Question

Discussion in 'Medical Leave & Disability' started by allypad, Mar 8, 2014.

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  1. allypad

    allypad Law Topic Starter New Member

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    I have a question regarding FMLA. I have approved intermittent FMLA for my child (psychological reasons). My company has a huge FMLA problem - with that being said, I am not an abuser. I have had intermittent FMLA for over a year and have used it probably a total of 3-4 times. I had an incident that happened tonight where I needed to use it. I called in 3 hours before my schedule start time - I called out for the entire shift. I ended up getting my situation under control, and called back my and hour and a half later and told my employer that I could come in after all, I would just be an hour late - maybe an hour and a half. They told me no problem, come in when I could. (My company does not call in replacements for call-ins, they have built in extras and have an early out list that they utilize). About 30 minutes later, my company called back and said "they had no place for me". I was not to come in and they would not allow me to work. I WANTED to work and feel like I was penalized because I was going to be late. They told me that had I called in "late", it would have been OK, but since I called off for the full shift, they didn't have to let me work (even though I called back an hour and a half PRIOR to my shift starting to amend my call in. Do I have any rights here? Should I contact my HR department to prevent this from happening in the future? I wanted to do the right thing and work most of my shift, and I wasn't allowed to....


    Thanks in advance for your time.
     
  2. crockett

    crockett New Member

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    i didn't know this fmla was for psychological issues too
     
  3. allypad

    allypad Law Topic Starter New Member

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    Let me clarify - he has autism and sometimes has emotional distress.
     
  4. Proserpina

    Proserpina Moderator

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    Why would you think that it wasn't?

    FMLA covers a multitude of things.
     
  5. crockett

    crockett New Member

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    with the situation you have with your kid a commend you on working and taking care of his issues at the same time.you have earned my respect.it doesn't seem right the way you are being treated..im not a lawyer ..just a learner
     
  6. Proserpina

    Proserpina Moderator

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    Hang around for the wonderful HR crew who'll likely get here later this morning :)
     
  7. cbg

    cbg Super Moderator

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    They are correct. You called off for the entire shift; they covered your shift (regardless of whether it was with someone who had to be called in or someone who was already there); they are not obligated to undo everything and let you come in.

    The time should not be deducted from your FMLA allotment, in my opinion, but they violated no laws or protected rights by accepting your initial call-off.
     
  8. Betty3

    Betty3 Super Moderator

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    Agree - they did have to allow you to work. You originally called off for the whole shift so your employer apparently had already made plans for you being off the entire time.
     
  9. allypad

    allypad Law Topic Starter New Member

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    Thanks for taking the time to answer. I appreciate it. It's unfortunate that I was trying to do the right thing.
     
  10. cbg

    cbg Super Moderator

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    Look at it this way. Would it have been more fair if the person who was going to cover your shift got called and told, you're not going to be working after all?
     
  11. allypad

    allypad Law Topic Starter New Member

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    I completely get what you are saying, BUT, at my job, they NEVER call people in to cover shifts or call-ins - there are built in extras. I called an hour and a half later (an hour prior to my shift). It was just a situation where it would have been OK, but my boss who hates people with FMLA decided it wasn't. I understand where he is coming from because there is so much abuse - people working half shifts and not liking where they are at so they pull out the FMLA card and use it. I don't do that which is frustrating for me, but I guess I understand... I just learned a lesson - next time, I will call in "late" and then if I can't get the situation under control, I will amend it to a full day...
     

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