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spicegirl326
11-02-2006, 09:15 AM
If I have been using intermident FMLA at my job for my pregnancy and I have not used any of those days, am I required by law to be able to use my full 12 weeks FMLA to bond with the baby???? :)

cbg
11-02-2006, 09:18 AM
How can you have been using FMLA intermittantly without using any days?

demartian
11-02-2006, 09:21 AM
How can you have been using FMLA intermittantly without using any days?

I was confused by the question as well.

cbg
11-02-2006, 09:30 AM
Okay, after thinking about it for a few minutes I've come up with a possible interpretation.

Spicegirl, are you saying that you were approved for intermittant FMLA but that you did not need to take any?

spicegirl326
11-02-2006, 09:40 AM
My employer made me get on it when I was put on bed rest at the beginning of my pregnancy, but counted that as an absence instead of putting it towards my FMLA so that is why I was on intermident FMLA but have not used any of it, so by law I am requried to be given the fulll 12 weeks of my direct FMLA correct.

cbg
11-02-2006, 10:00 AM
Your employer could (in fact, legally, your employer SHOULD) have applied that time to FMLA. They are, in actual fact, violating the law if they do not.

However, if they don't apply it to your FMLA, then yes, you still have all 12 weeks to use. ANY time you use before birth, and the time you use for the birth itself, will apply to FMLA.

jessicastexan
11-16-2006, 04:00 PM
When my wife had my daughter in January she had to have a C-Section. My company told me I could take FMLA and that it was approved, but instead of listing my two weeks off under FMLA they deducted it from my personal time. Is this right?

cbg
11-16-2006, 04:12 PM
It is legal, if that's what your asking. The law specifically gives employers the right to require employees to use whatever paid leave they may have as part of their FMLA.

Pattymd
11-17-2006, 05:02 AM
And just to clarify again, FMLA is, by its nature unpaid leave. Many, many (in fact, most) employers require employees to use accrued time off concurrently with FMLA, until the PTO runs out.

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