Intermittent FMLA

[Todello]

I live in Virginia. I am currently taking Intermittent FMLA to care for my daughter's serious health condition. My absences are mostly scheduled. Occasionally I need extra time off, but rarely. Most weeks I miss 5 hours of work time. However, I have exhausted all my paid time off and cannot afford to receive less than my normal weekly wages. My employer is allowing me to make up my missed times on other days. So, since I am still working 40 hours per week, do I have to claim the 5 hours as FMLA? Also, can my employer force me into a schedule for the make up time?
Thank you.

 

[Ohiogal]

I live in Virginia. I am currently taking Intermittent FMLA to care for my daughter's serious health condition. My absences are mostly scheduled. Occasionally I need extra time off, but rarely. Most weeks I miss 5 hours of work time. However, I have exhausted all my paid time off and cannot afford to receive less than my normal weekly wages. My employer is allowing me to make up my missed times on other days. So, since I am still working 40 hours per week, do I have to claim the 5 hours as FMLA? Also, can my employer force me into a schedule for the make up time?
Thank you.

Yes because the only reason you are getting the make up time is because of the FMLA needs. Also, you NEED the money but are asking if your employer can force you to work to get the money? If hourly, yes. As for a schedule of make up time, yes the employer can do that IMHO. But wait for one of the employment gurus.

 

[cbg]

It is FMLA that provides you with protection. If you do not claim the hours as FMLA, your employer is not obligated to allow them and is free to hold them against you with regards to any absence or tardiness policies they may have. You don't get to have it both ways.

With the exception of the time that you are actually out on FMLA, it is entirely up to the employer what hours you work. Your employer is not obligated to allow you to make up the time; that's being done as a courtesy to you and apparently at your request. Your employer is entitled to designate what time you use as makeup time; there's nothing in the law that says you get to decide on the hours you use.

 

[Ohiogal]

It is FMLA that provides you with protection. If you do not claim the hours as FMLA, your employer is not obligated to allow them and is free to hold them against you with regards to any absence or tardiness policies they may have. You don't get to have it both ways.

With the exception of the time that you are actually out on FMLA, it is entirely up to the employer what hours you work. Your employer is not obligated to allow you to make up the time; that's being done as a courtesy to you and apparently at your request. Your employer is entitled to designate what time you use as makeup time; there's nothing in the law that says you get to decide on the hours you use.

And there is one of them there employment gurus I did so mention.