During my first trimester I was put on bed rest for 3 weeks, I ended up getting written up for being absent (it counted as two absences) and this write up for absences went against my evaluation. My HR manger forced me to get on intermident FMLA to protect my job. My benefits director had me fill out the paperwork and said we could back track and put the 3 weeks toward my FMLA... I told her I had been written up for that and it went against my evaluation, she apologized and said they should not have happed and asked if I just wanted to ignore it and have my intermident FMLA affective today? I said yes that sounds fine that way the 3 weeks doesnt come out of my FMLA when I take off to bond with the child. Now I have a new benefits director and I want to know can they change that factor and make those 3 weeks count towards my FMLA? I have a meeting in an hour with HR please email me fast I need to know all this information. Also I called in sick for 3 days because I was having pain in my gallbladder so I went to the ER, now my doctor put on my doctors note Gallbladder so they would know this did not relate to pregnancy, my question can they hold those 3 days against me? Please get back to me thanks. Jennifer

If you have had FMLA approved for pregnancy, ONLY absences due to pregnancy are protected under FMLA. Absences for any other reason can be "held against you".

Yes, the new benefits director *can* require that those first three weeks be applied to FMLA, as long as doing so does not result in your receiving less time than you would otherwise qualify for. Ragsdale v. Wolverine, US Supreme Court, 2002.

Whether they *will* or not, is unknown.