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  • Intermittent FMLA & PTO

    Greetings list,

    Something recently came to light and I was wondering if I could pick the brains of the experts here.

    A worker has applied for intermittent FMLA which was granted by the company. This person has taken some time over the last few months and has not been able to work a full week since the diagnosis of their condition. They have needed quite a few “unplanned” days that qualify for FMLA and has been noted as such on their record.

    Now this individual has asked for a pre-planned PTO for next Friday, upon sending their manager an email they got a email back stating that if they did not take any time this week then and ONLY then would the time be approved.

    This almost seems like a retaliatory action for the person taking a legally covered FMLA.

    Comments?
    When in doubt always error on the side of caution, it could save you millions!!
    ~Before you begin on the journey of revenge, dig two graves. ~Proverb~
    ~How people treat you is their karma; how you react is yours. ~Wayne Dyer~

  • #2
    The manager can't make taking PTO contingent upon not taking FMLA. FMLA has to be "invisible" for all intents and purposes. I suggest HR intervene with this manager and explain the legal requirements of the situation.

    Comment


    • #3
      Beth is right on target as the employee's FMLA should be "invisible". The employee is to be treated just as any other employee would be treated when requesting PTO. Under the regulations this type of action by the manager is unlawful as the manager is letting the FMLA impact his/her decision.

      "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."

      http://www.dol.gov/whd/regs/compliance/1421.htm
      Last edited by Blessed123; 01-23-2012, 07:42 AM.

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      • #4
        Agree/concur with the other posters.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          Thank you everyone, that was my feeling too but I just wanted to make sure.

          Have a great week!!
          When in doubt always error on the side of caution, it could save you millions!!
          ~Before you begin on the journey of revenge, dig two graves. ~Proverb~
          ~How people treat you is their karma; how you react is yours. ~Wayne Dyer~

          Comment


          • #6
            You're welcome - you have a great week also.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              Just a side note.

              It is my understanding that IF the employer has the policy that PTO is not allowed in the same week for anyone who took unplanned timeoff in the same week (for any reason not just FMLA) or is taken away if previously granted, then they could disallow it for the employee on intermittent FMLA with unplanned timeoff. However if they don't already have that policy for everyone, they can't now implement it and refuse the PTO for the FMLA because that definitely would be seen as retaliation.

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