FMLA question

[Chuzzle]

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

I have intermittent FMLA with my employer. Recently a new policy was issued that if an employee requests any FMLA leave, personnel will now be deciding who gets FMLA time and who doesn't. If an employee has the FMLA time available, gives enough notice, and has medical documentation of the illness or the flare-up of the illness, doesn't the employer have to give it to them? It sounds like they are cherry picking because there are employees that abuse the FMLA and seem to be ruining it for the rest of us.

My apologies if this is not in the right forum and thanks for your help.

 

[racer72]

Virginia follows the federal FMLA laws, they do not have any state laws. Under the unlawful acts section of the law, there are provisions that help you.

Unlawful Acts

FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided by this law. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceeding, related to FMLA.

Employers cannot use the taking of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions; nor can FMLA leave be counted under "no fault" attendance policies.

Perhaps this point should be pointed out to your employer. My employer got spanked for the same thing a few years ago and they have some of the most liberal FMLA company policies in existence.

 

[Chuzzle]

Thank you for your response. I was told by my supervisor to "be careful" with using my FMLA because personnel would be making the decision of whether or not I would get it, which I was fairly certain is not allowed.

 

[cbg]

Let's just clarify a few points here.

1.) Does your employer have a minimum of 50 employees at your location?
2.) How long have you worked for this employer?
3.) In the 12 months immediately preceding the start of your intermittent leave, had you worked a minimum of 1,250 hours?
4.) Did you provide medical verification that you had a serious health condition as defined by the FMLA statute?
5.) How much time have you used, in total, in the last 12 months, or, if your intermittent leave began less than 12 months ago, since its inception?

 

[Chuzzle]

Yes, the employer has more than 50 employees.

I have been with the company 2 1/2 years.

Yes, I have worked the required number of hours.

My condition was submitted and approved with the medical verification.

Since I received FMLA earlier this year, I have used 8 days, all medically documented and all for the approved condition.

 

[cbg]

Then I agree with the first response you got. I've learned to be careful because over time, FMLA has become a blanket term with some employers, meaning any medical leave of any kind. When that is the case, calling it FMLA does not make it so, and FMLA protections do not apply.

Just make absolutely sure, whenever you call out for this reason, that you specify up front that it is for a protected, FMLA reason.

 

[Chuzzle]

Well now we can no longer specify that the absence is for a protected FMLA reason when we call in. We're put down as "sick," we return to work, the supervisor sends the medical documentation of the illness to personnel and they decide whether or not to designate the absence FMLA - even if the absence is qualified and the employee has covered all their bases.

 

[Proserpina]

Well now we can no longer specify that the absence is for a protected FMLA reason when we call in. We're put down as "sick," we return to work, the supervisor sends the medical documentation of the illness to personnel and they decide whether or not to designate the absence FMLA - even if the absence is qualified and the employee has covered all their bases.

They are asking for trouble. That's... absolutely shoddy (the only nice word that came to mind). Standby for the experts again.

 

[Chuzzle]

There are people that abuse FMLA within the company, which is why they're doing this. I am not one of those people, I don't enjoy the crappy paychecks. I just want to make sure of my rights here and whether or not the company can even do this.

 

[cbg]

How big is your company overall? How large is your HR department? Are you at corporate headquarters or a branch/field location?

I'm trying to decide which of two possible ways to handle this is the better.

 

[Chuzzle]

I also wanted to add: I was told that personnel believes employees are "faking their doctor's notes," etc., and that's why they want the power to approve or deny an employee FMLA for a protected absence. From what I'm reading, they'd better have a damn good reason to deny it.

 

[Chuzzle]

How big is your company overall? How large is your HR department? Are you at corporate headquarters or a branch/field location?

I'm trying to decide which of two possible ways to handle this is the better.

We have roughly 22,000 employees at my location.

 

[cbg]

Well, they're definitely playing with fire here.

Now, if you want to answer my questions, we can discuss potential solutions.

 

[cbg]

We have roughly 22,000 employees at my location.

And the rest of the questions? Are you at corporate or a branch?

 

[Chuzzle]

Willing to answer your questions but I cannot disclose the name of the company.