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Help! Intermittent FMLA approved w/ stipulations New Jersey

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  • Help! Intermittent FMLA approved w/ stipulations New Jersey

    I work for a gov't contractor and have for 2.5 yrs. Have child with Autism and as of late had extreme behavior...missed 12 hrs of work after picking her up at school's request as agressive behavior took toll. Doc suggested intermittent FMLA and it was approved with the stipulation that I use leave accrued first. I earn two weeks total a year and pay for an additional year. I have not had a vacation since last January when I took four days. I used 5 days for back injury in the summer - the rest were doctor's appointments. I now have 21 hour minus Black Friday 8 leave. I fought with this company today to the point where I don't know if I have a job to go back to. I'd have sworn on a stack of Bibles today that the DOL Represent in NJ told me that I was not required to use my leave first. I work incredibly long hours with deploying Soldiers and have worked every Holiday since Easter with no vacation. I have never used FMLA and don't expect to abuse the system. We are going through a tough time with my daughter, but my husband shares the burden of time off, but at this rate this family will never have a four day vacation again. Company allows no LWOP.
    They were quite upset as I said that I would walk across the hall to the JAG office and have them interpret the law.

    Please advise - very greatful for responses.

  • #2
    I know that this is not the answer that you want to here, but employers are allowed to require employees to use any paid leave that they may have available to them as part of their leave under FMLA. See the DOL website at http://www.dol.gov/esa/regs/compliance/whd/1421.htm.

    Employees may choose to use, or employers may require the employee to use, accrued paid leave to cover some or all of the FMLA leave taken. Employees may choose, or employers may require, the substitution of accrued paid vacation or personal leave for any of the situations covered by FMLA. The substitution of accrued sick or family leave is limited by the employer's policies governing the use of such leave.
    There are no laws requiring employers to provide vacation days, so the use of any vacation days that are provided is up to the employer. They can require to use them for FMLA. FMLA is, by definition, 12 weeks of unpaid leave with job protection. Requiring employees to use paid leave ensures that they get paid for part of it.

    If you work for a government contractor, then your HR issues are the contractor's. Involving the client site's JAG in an internal personnel issue is not appropriate. I'm not surprised that your employer was not happy about that.
    I am not able to respond to private messages. Thanks!

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