Fmla

[Dace2929]

What is the name of your state (only U.S. law)? Michigan

My employer allows us to work our off day it is voluntary to do this recently I have been told that because I use Fmla to care for my sick wife I am no longer allowed to work my off day. Can an employer deny me this voluntary day because I use Fmla?

 

[Zigner]

What is the name of your state (only U.S. law)? Michigan

My employer allows us to work our off day it is voluntary to do this recently I have been told that because I use Fmla to care for my sick wife I am no longer allowed to work my off day. Can an employer deny me this voluntary day because I use Fmla?

They do not have to allow you to work on your day off at all.

 

[cbg]

OP - this is very, very important.

Are you talking about, you take FMLA on a Tuesday and make up the hours by working Saturday?

Or are you talking about taking FMLA on a Tuesday, but working from home that same day?

It may make a difference.

 

[Dace2929]

OP - this is very, very important.

Are you talking about, you take FMLA on a Tuesday and make up the hours by working Saturday?

Or are you talking about taking FMLA on a Tuesday, but working from home that same day?

It may make a difference.

My off day is tue I work Tues and take Saturday fmla off unpaid I used to this only once may twice a month but she has gotten sicker so now it's every week

 

[cbg]

Has this policy of allowing you to make up work been stopped for everyone, or just for you?

 

[Dace2929]

Just me and I was told because I am using fmla I can't work the off day

 

[cbg]

Then this *may* be a violation.

FLMA is supposed to be treated exactly the same as any other leave. I can completely understand why an employer would not want an employee on FMLA to be working on his time off, but if he allows employees on other types of leave to make up time, he shouldn't be singling out employees on FMLA. FMLA is supposed to be entirely transparent.

I would recommend that you discuss this with your employer, first. Then, if you cannot reach an agreement, give the US DOL a call (they are the regulatory agency for FMLA) and see what they suggest.

Just FYI, be prepared for the end result to be not your being allowed to make up time, but employees on other forms of leave no longer being allowed to, either.