Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Fmla

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Fmla

    Hello all,

    I'm not particularly versed in FMLA law. Recently, I've had a string of bad medical issues that have caused me to miss work, be gone to doctor's appointments, or have to work from home. I'm exempt. Today I got called into the AVP's office over my attendance issues and related "performance" issues and they suggested I apply for FMLA.

    I have two questions:

    -If I apply for intermittent FMLA, when does the clock start? Essentially, is it during the whole period you are covered or just the time you are actually gone?

    -I have been applying for jobs in other departments and have been hoping to transfer. The stress of this department and my bosses has been adversely affecting my condition and I need to switch. Could going on FMLA have any negative impact on that?

  • #2
    FMLA applies just to the time you take off for the intermittent FMLA if that is your one question. You get to take up to 12 weeks in a 12 month FMLA period.

    It is against the FMLA law for an employer to take any adverse action against you just for taking FMLA.

    PS - You should have furnished the name of your state.
    Last edited by Betty3; 01-15-2013, 01:13 PM. Reason: add PS
    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


    • #3
      Thanks, Betty. I might be a bit of a simpleton here, but for clarification:

      If I applied for intermittent FMLA and took 2 days off during a month, does that just count as 2 days? Thanks again.

      Comment


      • #4
        And my fault, I thought I selected Virginia.

        Comment


        • #5
          Yes, only the time that you actually take off counts against your FMLA allowance.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

          Comment


          • #6
            Originally posted by RRPayroll View Post
            And my fault, I thought I selected Virginia.
            Ok. Thanks. It is just that sometimes the state makes a difference to the answer.
            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
              To be clear, the time you are off on FMLA counts as FMLA and may not be held against you. Any time you missed not protected by FMLA, is not similarlly protected. While they can not hold it against you that ou are taking FMLA, you can still be held responsible for performance. If your performance has suffered, it is still legal to hold you accountable. FMLA is not a "get out of jail free" card.
              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.

              Comment


              • #8
                As I noted, they can't take adverse action against you JUST for taking FMLA. (When you're not taking FMLA leave or for other reasons is a different story.)
                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


                • #9
                  Originally posted by Betty3 View Post
                  As I noted, they can't take adverse action against you JUST for taking FMLA. (When you're not taking FMLA leave or for other reasons is a different story.)
                  Right. One question I do have is that in my meeting with them they noted that my "performance issues" (which I again put in quotations because of the absurdity of them) started right around the same time that my health started deteriorating and I had to start seeing more doctors/attendance got worse. My manager even said that they may be much more closely than thought before.

                  If an FMLA related condition affects performance, is there any protection? I've got other arguments against all their claims (if and when they do come), but I'm just curious.

                  In all likelihood I'll just get a bad appraisal, lose my merit for the year, and transfer to a new and more sane department when a position becomes open.

                  Comment


                  • #10
                    Even if you have a FMLA "condition", your work still has to be up to your employer's expectations while you are at work.
                    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


                    • #11
                      Unfortunately, there is no law which protects performance. You can always be held responsible for performing up to your employer's expectations.
                      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.

                      Comment


                      • #12
                        Re fmla

                        I would advise you, from a managers point of view, to discuss work load and deadlines with your supervisor. While you are exempt, it would be a reasonable assumption that a person who is not only absent but ill may have a difficult time completing the same workload on the same timeline as to that done prior to the health issue. I had a similar situation as you are in - one of my employees had been absent on a more frequent basis and had not disclosed that it was a FMLA issue. Once I was aware, I counted her absences as FMLA and we discussed what workload would need to be delayed or temporarily transferred during this time. It worked well for the employer and for the employee. To make things even better, the co-workers were extremely supportive of her and while it did add some additional duties, we worked as a team to make sure the important tasks were still completed. It was not easy but it illustrated to everyone within and even outside of the organization that we were a team.

                        QUOTE=RRPayroll;1185883]Hello all,

                        I'm not particularly versed in FMLA law. Recently, I've had a string of bad medical issues that have caused me to miss work, be gone to doctor's appointments, or have to work from home. I'm exempt. Today I got called into the AVP's office over my attendance issues and related "performance" issues and they suggested I apply for FMLA.

                        I have two questions:

                        -If I apply for intermittent FMLA, when does the clock start? Essentially, is it during the whole period you are covered or just the time you are actually gone?

                        -I have been applying for jobs in other departments and have been hoping to transfer. The stress of this department and my bosses has been adversely affecting my condition and I need to switch. Could going on FMLA have any negative impact on that?[/QUOTE]

                        Comment


                        • #13
                          Hopefully one last question on this:

                          We have laptops where I work and prior to going on FMLA I had been encouraged to, if needed, work from home on days I could not come in to the office but could work. Now that I on intermittent FMLA, I have explicitly been instructed not to do so - to either come in or use FMLA time. Other employees are still afforded this accommodation when they are sick/have to be out for some reason.

                          Is this typical? It seemed to me that perhaps a reasonable work accommodation was being removed from me because I went on FMLA. Maybe it's normal, but (again) not my area so I wanted to ask.

                          Comment


                          • #14
                            This is not only typical, it is what the law requires as well as a best practice. While you re on FMLA, your employer is not permitted to require you to work. "Letting" you work from home would be a violation of this. There is no such restriction on regular old sick leave so the employer can allow or even require employees to work from home while sick. FMLA is a different ballgame.
                            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.

                            Comment


                            • #15
                              Fair enough. Thanks! Like I said, this is a whole new area for me. Prior to the last several months, I hadn't missed work for the 2 years I'd worked here.

                              Comment

                              The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                              Working...
                              X