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Old 09-29-2006, 08:57 PM
ainon ainon is offline
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Default FMLA- Change in intermitant leave Minnesota Minnesota

I live in Minnesota and qualify for FMLA rights. Months ahead of delivery, My employer agreed to intermitant leave.

The plan was for me to stay home the week after the birth of our child, work a week, then take another week off. The plan detailed full weeks and did not take into consideration partial weeks.

Our child was born on Wednesday, we left the hospital late Friday afternoon. I took the following week off from work. Things went well enough that I informed my employer that it didn't apear I would need the 2nd week off.

So I started to work the week I initially planned to have off, our situation at home turned for the worse and my wife, 3yr old, and newborn needed my support at home. In the mean time, my boss scheduled me for manditory overtime the following week, I was to work Monday-Saturday, Monday normally would of been an off day. Wednesday I requested to my boss via email that I would really need the Monday off to be with my family. My boss finally had time to meet with me at 4PM that Friday and was only willing to give me Monday off if I was willing to work 11hr days Tue-Fri+Saturday, which I was not willing to do in my situation.

At 5:15PM Friday I called our HR representative and requested the following week off via FMLA. I am awaiting to hear back from HR Monday (the first day I am requesting off) if I qualify for this time off since its a week after the *scheduled* intermitant time off.

I have 2 questions.

1) I informed my boss and HR that I didn't plan on coming to work Monday. Am I putting myself at risk by not showing up to work on Monday?

2) Since my employer agreed to intermitant time off, am I still able to take another week of time off even though it is a week after I initially requested it? Note, FMLA officially started (so I learn now) the Wednesday we entered the hospital in laber.

Thanks,
Andy
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