Intermittant FMLA questions

[Jeeplady66]

What is the name of your state? MN

I have been approved for Intermittant FMLA for 2 consecutive years to care for my daughter. I recently accepted a promotion and moved for non-exempt, hourly position to an exempt, base salary + commissioned employee in an inside sales position. A couple questions have come up:

1) Do I have to use PTO for FMLA absences? Can I take unpaid intermittant FMLA? My employee handbook does not directly address the question--It states FMLA leave is unpaid, you may choose to use your granted and available PTO. I often work on weekends or evenings just to catch up, but would leave affect my base salary?

2) In our sales environment, we are required to achieve certain sales results, as well as meeting call metrics (number of calls per day, certain amount of 'talk time'). Due to my FMLA absences my metrics have been lower than average this week. Can my employer fire me due to 'poor performance' even though the low metrics directly correspond with FMLA absences? I am a top performer on the days I am in the office and I think my month end numbers will be ok.

3) Our team has a limited number of laptop computers being awarded to top performing employees. Can I ask for a laptop, as an FMLA consideration? Or do you think 'playing the FMLA card' will hurt in the long run. We cannot make calls from home, as ours are recorded for coaching purposes and we would need a special phone, but I could use my cell phone and work thru email, just to better manage my book of business when I am out.

Thank you

 

[cbg]

Unless your state law specificially says otherwise, and to the best of my knowledge it does not, your employer MAY require you to use PTO for these absences. It is not required that you do so; it is not forbidden that they require it. The FMLA statute specifically says that the employee may request or the employer may require the use of paid leave as substitute for unpaid leave. Of the top of my head I only know of one state which prohibits the employer from requiring the use of paid leave if the employee does not wish to, and that state is not MN.

No, your employer may not fire you for FMLA related reductions in your metrics.

I think you are confusing the ADA with FMLA. FMLA does not require that you be granted any accomodations. In any case, if you're on FMLA, you're not working. What do you need the laptop for?

 

[ecmst12]

I think she's saying if she had the laptop, she COULD do work from home even when out because of FMLA. Go ahead and ask, the worst they can do is say no.

 

[Jeeplady66]

Thanks for the advice..

So there is not a clear answer on the PTO.....

Yes on the laptop--it has not been too many days that I am out, but this week it has been 2 1/2 days so it is on my mind....on most days I could work from home if I had a laptop......it is mostly monitoring my daughter for changes in fever, etc etc.

Thanks

 

[cbg]

Yes, there is a clear answer on the PTO. I've had a chance to look at the state website since my first answer.

Your employer MAY require you to use your PTO time.

 

[turbowray]

hi there

sorry about your daughter,as cbg stated,an employer may or may not require you to use your p.t.o,it is intirely up to your boss,mine doesnt make us use it if we dont need the full check at the time,but i am aware of bosses that do require it. If your boss does require it and you think you'll need the money more later,put the extra pay aside for that time,either way you'll get to use it when you need it. If you can make the company more money by the use of a laptop,i would present that fact to your boss and instead of asking to be given one when you have not "earned" it like the other workers,maybe your boss would have a laptop you could just use and in return,you could prove the work your doing with it by higher sales. If they only have the prize ones and no loaners,your out of luck sorry!