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Recinding FMLA Pennsylvania

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  • Recinding FMLA Pennsylvania

    A friend of mine works shift work in state government. As is a past practice within her department employees can switch shifts with other employees who work the opposite rotation. This is done primarily in her department. As a result in the past other employees have requested FMLA leave with some switch shifts mixed in to reduce the amount of lost wages to the employee. She requested FMLA for pregnancy leave and it was approved. She was recently told she the department could not entertain this practice anymore as someone from HR advised against it. She not wished to rescind her FMLA request but is being told she cannot do that.

    Legit or not? Do they have to honor the previous past practice or can she legally rescind the request?

    Thanks in advance for any light you can shed on this.

  • #2
    FMLA is not something that is requested by the employee. It is a federal law requirement that the employer mark time off as FMLA if they have knowledge of the timeoff. And obviously, a pregnancy is easy to acknowledge. An employee can't "save" FMLA time by taking unprotected timeoff first.

    So no, she has no right to rescind it -- however the employer cannot force her to take more than necessary for either her medical condition or what she requests for baby bonding. So if the doctor releases her back to work, they can not stop her from coming back early. They can refuse light duty if she is not back 100% as long as they do so for all reasons. They can stop the practice of allowing employees to randomly change shifts as long as they are doing it for ALL reaason not just to employees covered under FMLA leaves/timeoff.

    I could see HR having an issue with the switching shifts because it could be argued that it was an employer decision (even if the employee requested it). It's a thin argument, but i can see an overzealous HR dept having a consistency issue if it is being allowed in one dept but not others.

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