forced to take fmla

[tranz]

What is the name of your state (only U.S. law)? indiana
I have been on a 8 hr. restriction from a personal injury for 5 yrs. now. My employer has accepted this restriction up til recently. Now they tell me that I have to use FMLA to cover any hours that I cannot work over the normal 8 hr. shift. I am also told that this is new FMLA policy. Is this true?

 

[swalsh411]

You've got this all backwards. This FMLA protected leave is allowing you to keep your job. It was always there, they just weren't calling it that. Nothing has changed except the label. If you exhaust this leave, they can legally fire you. (Although don't have to.)

In other words, it's not up to you or your employer to choose whether or not any given absence is covered by the FMLA. If it is, it is. If it's not, it's not.

One possibility is that they think you are taking too much time off, and now want to start tracking it to see if you can legally be fired once exhausted.

 

[cbg]

I have a very slightly different take on the matter - or might, depending on the answers to a few questions.

If it were not for this restriction, how many hours a day would you regularly work? How many hours a day did you regularly work before your injury? How many hours a day do other people in your position regularly work?

 

[tranz]

I have a very slightly different take on the matter - or might, depending on the answers to a few questions.

If it were not for this restriction, how many hours a day would you regularly work? How many hours a day did you regularly work before your injury? How many hours a day do other people in your position regularly work?

We many times work up to 10 hrs. a day. I only work 8 hrs a day due to my restriction. I have a very good work record and no attendance issues. Never have in the 15 years I have been there. Before my accident I worked the same overtimes as anybody else and made no issue of it. I never had to use fmla before now to cover the hours over 8. I'm not understanding why now and not before are they saying I have to use fmla. HR says it's a new fmla policy.

 

[cbg]

You're not quite answering my questions. I know you think you are but you're kinda hooked on one idea and I'm trying to get to specific information so that I can answer you properly.

Let's go at it this way.

I understand that you are, and have been on an 8 hour restriction. So let's leave that aside for now.

BEFORE your restriction, how often would you work a 10 hour day? Five days a week? Three? Once in a while?

How often are OTHER PEOPLE in your department, who do the same job you do, work 10 hour days NOW?

 

[tranz]

From the time I started working there, the hours have always been 9 a day, 5 sometimes 6 days a week. like I said, I've been there 15 years. I worked, as did everyone else, all the O.T. required. 8 years ago I was involved in an accident that left me with a broken neck and spine. I was off work 11 months. Came back, still working 9 hrs., 5 days a week. I worked that O.T. for almost a year but because of my injuries had a great deal of pain toward the end of the shift. At that point my doctor put me on an 8 hr. restriction. Everyone in the plant works the same hours. We have a quota. We work till meet that quota or 10 hours, which ever comes first. Someone takes my place on the line at my 8 hr. point. I work 40 hrs but no more. Currently, the plant is working 42.5 hrs. I'm on the same job everyday because of my restrictions. Whoever does that job when I'm not there works the required O.T.

 

[cbg]

In that case, I agree with the original response. FMLA has not changed but your company's policy may have, and all the time you normally would have been working and weren't because of your restriction should have been FMLA all along.