Covered/Allowed with FMLA??

[VANYDana]

Virginia

I am a government employee working for the state of VA, so I have built in protections. I work 4 10hr days (Full time health care job) that can vary from week to week. Both of my sons have Autism which require them to both have multiple therapies a week (speech, PT/OT....etc). I have gotten FMLA forms for both of my boys to cover for any unexpected problems. This part has not been an issue.

The FMLA forms are specifically written by multiple providers stating that:
A set/consistent working schedule is needed to ensure that the parent is available to attend the medically needed therapies.

Since I only work 4/7 days a week and need only 1 specific day off to meet this need (Thursdays) I have requested to not be placed on the schedule for Thursdays, with the FMLA being used as proof/documentation for the request.

When looking at my next schedule, instead of being placed on 4 days other than a Thursday, my employer simply put me on for 3 days and used PTO for the 4th...essentially cutting my hours and forcing the use of PTO (which is in limited supply) without any real need to.

Is this legal issue or something that just needs to be worked out between my employer? If my manager refuses to adjust the schedule and forces the use of PTO (use PTO or leave without pay when PTO is out) is there any legal protection or repercussion?

Extra information:
Another family member is not available on this day to take the kids to therapy
Since it is a healthcare job, taking leave for a portion of the day to cover the time needed to take the kids and then come back is not an available option.
It is not possible to change the therapy day

Thank you for your insight.

 

[LdiJ]

Virginia

I am a government employee working for the state of VA, so I have built in protections. I work 4 10hr days (Full time health care job) that can vary from week to week. Both of my sons have Autism which require them to both have multiple therapies a week (speech, PT/OT....etc). I have gotten FMLA forms for both of my boys to cover for any unexpected problems. This part has not been an issue.

The FMLA forms are specifically written by multiple providers stating that:
A set/consistent working schedule is needed to ensure that the parent is available to attend the medically needed therapies.

Since I only work 4/7 days a week and need only 1 specific day off to meet this need (Thursdays) I have requested to not be placed on the schedule for Thursdays, with the FMLA being used as proof/documentation for the request.

When looking at my next schedule, instead of being placed on 4 days other than a Thursday, my employer simply put me on for 3 days and used PTO for the 4th...essentially cutting my hours and forcing the use of PTO (which is in limited supply) without any real need to.

Is this legal issue or something that just needs to be worked out between my employer? If my manager refuses to adjust the schedule and forces the use of PTO (use PTO or leave without pay when PTO is out) is there any legal protection or repercussion?

Extra information:
Another family member is not available on this day to take the kids to therapy
Since it is a healthcare job, taking leave for a portion of the day to cover the time needed to take the kids and then come back is not an available option.
It is not possible to change the therapy day

Thank you for your insight.

I would think that this is something that you would need to discuss with HR. That is certainly an odd thing for your manager to do.

 

[cbg]

Have you asked why?

 

[FlyingRon]

FMLA doesn't require them to change your schedule to suit you and they can make you use whatever time off provisions you have concurrent with FMLA. All FMLA guarantees is that you will still have a job after you take the leave (if you meet the other requirements).

Still, it probably doesn't hurt to make polite inquiries to HR or higher up the food chain.

 

[cbg]

Here's the problem.

FMLA allows you to take medical leave without being penalized for it. It doesn't guarantee you a specific schedule or a permanent schedule. It allows you to take medical leave for either yourself or to care for a family member without being disciplined for it.

What you are looking for in a consistent schedule is an accommodation, and FMLA is not the law that provides for accommodations. That would be the ADA. And while the ADA provides protection in the sense that you cannot be discriminated against because you have a disabled family member, it only allows for accommodations for your OWN disability, and not for family members.