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Confusion of designating FMLA and Medical Leave of Absence Indiana

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  • Confusion of designating FMLA and Medical Leave of Absence Indiana

    To begin, we are a union facility, and we use the 12 months backwards calendar for tracking our FMLA and we have a No-Fault Attendance policy.

    I have an employee that has intermittent FMLA for migraines. He came in recently stating that he would need off for six weeks or so for surgery. I asked him to have a new certification completed as this was for a different serious health condition. Here is my concern. He only had two weeks of FMLA eligible time available before going out for this new condition. I alotted the remaining two weeks as FMLA and placed him on a Medical leave of absence to suspend the return of points. (We give employees 10 points back after 30 days of work not missed. FMLA time does not prohibit the return of points, but a medical leave does.)

    Sporadically thoughout the rest of his leave, he will have FMLA hours drop off for days that he used intermittently. Can I designate those FMLA days that he'll get back here and there as FMLA until he returns? Otherwise, he'd have a build up of days to utilize upon his return if I just blanket the rest of his time off as a LOA.

    Any help would be appreciated!

  • #2
    Can I designate those FMLA days that he'll get back here and there as FMLA until he returns? Certainly.

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    • #3
      http://www.dol.gov/dol/allcfr/ESA/Ti...CFR825.200.htm
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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