Fmla

[momm2500]

What is the name of your state? PA

i gave employer the required 30 days notice (back in february) and then supplied the required paperwork from the doctor (gave it to HR March30). i was told by HR that it will have to be discussed with my manager to see if they can accomadate my request of intermitent leave. my son is battling cancer and i have been using my PTO time since I have not heard anything. I explained I am not taking the full 12 weeks at one time and it would be here and there.

my question is, how long do I have to wait to see if they can accomadate my request or am I immediately approved for FMLA? i went thru this 12 yrs ago with a different employer and did not have a problem. I believe that the HR rep does not know the law at all and they have only had people take the full 12 weeks and no one ever took intermintent leave.

 

[Beth3]

After receiving the FMLA certification paperwork, the employer has two business days in which to designate leave as FMLA-qualifying leave (or deny the leave request if it does not qualify.) If two business days have passed, then I suggest you go back and see your HR rep, explain this to him or her, and if they squawk, suggest they read the Family and Medical Leave Act.

If you qualify for FMLA, your employer is subject to the law, and your request qualifies under the Act, your employer does not have the option of denying it. I agree that it sounds like your HR rep doesn't understand this at all.

 

[momm2500]

well I asked the employer the status and was told it has been a little hectic but would like to discuss further with me and we would meet the next day. well the next day has come and gone. i called DOL and they told me that an employer has 15 days to make the call. well it is after 15 days. why does an employer put this off? is it that they dont want to give me the FMLA that i need to care for a son who is dying of lung cancer? i do not want to cause a rif with the employer and give them the option after 12 months to terminate me if i report them to DOL.

 

[LSchmid]

What is it that they could possibly want to discuss? When it comes to FMLA, as long as the health care provider completed the requisite paperwork verifying the need for your leave, they do not have a choice but to grant it. In this situation, the 30 day notice was not even necessary, unless you knew 30 days in advance that you were going to need the leave.

It sounds as if your HR person does not know what they are doing. I would recommend one of two things...

1) Either confront the HR person and ask them, specifically, what is holding up denying the leave and do not leave without an answer - keep in mind that the ONLY thing they COULD do in a situation of intermittent leave, depending on your position within the company, is to transfer you to an alternate position where intermittent leave would not cause as much of a disruption. Outside of that, as long as you meet the eligibility requirements, they meet the requirements and you have your paperwork completed, there is NOTHING to discuss.

2) Contact either your state DOL or the federal DOL and make a complaint. This may take a little longer but would be effective.

 

[cbg]

A question: How old is your son?

There's a reason why I'm asking.

 

[momm2500]

he is 23. he lost his arm when he was 12 with cancer and has now been dealing with the return of the cancer in his lungs and heart since August of 2007. i had to wait the required 12 months (which i started the job on 12/1/06). he is classified disabled by Social Security. there are times when I have to go with him to the doctors to discuss treatment or if there is an emergency take him personally to the hospital. Thank goodness it has not been alot of times; but there is a chance he will need surgery. i want to be able to take the time off to care for him. i also have to give him shots because of the chemo.

 

[momm2500]

he is 23. he lost his arm when he was 12 with cancer and has now been dealing with the return of the cancer in his lungs and heart since August of 2007. i had to wait the required 12 months (which i started the job on 12/1/06). he is classified disabled by Social Security. there are times when I have to go with him to the doctors to discuss treatment or if there is an emergency take him personally to the hospital. Thank goodness it has not been alot of times; but there is a chance he will need surgery. i want to be able to take the time off to care for him. i also have to give him shots because of the chemo.

wording from dol:
The terms son or daughter do not include individuals age 18 or over unless they are "incapable of self-care" because of a mental or physical disability that limits one or more of the "major life activities" as those terms are defined in regulations issued by the Equal Employment Opportunity Commission (EEOC) under the Americans With Disabilities Act (ADA).


What is considered major life activities?

 

[mlane58]

What is considered major life activities?

walking, breathing, eating, seeing, speaking, etc....

 

[momm2500]

I just called my local DOL. They indicated to me that since a government agency and in this case Social Security has approved him disabled; then he qualifies as a child that I am eligible for FMLA.