How does your work handle FMLA for intermittent absences?

[Mickey'snewestfan]

My son has been having medical issues off and on since March of last year, and I've needed to take a lot of time to be off with him. He's 14 so he can stay home alone for some amount of time, but all of his doctors and the therapist we consulted have all emphasized that it's not healthy for him to be home alone, in pain or feeling sick, for 8+ hours day after day. So, I have FMLA to allow me to take off time to be with him.

However, I'm running into two problems. One is that while my employer is understanding about me being out, in that they grant all my leave requests, they are less understanding about the fact that my job doesn't always get done. About 1/2 of my job involves working directly with people. There's simply no way to either do it from home. The result is that sometimes I miss deadlines, and then when I'm scrambling to make up the work, I miss other deadlines because that work got pushed back. I've gotten feedback that I may not be invited next year because I am not producing enough, and meeting deadlines, but I don't know how to solve the problem.

The other, is that my work is very chaotic about communication, which makes it really hard for me to decide when to come in. For example, on Monday, Tuesday and Wednesday of this week, my kid was at home recovering from surgery. He was in a lot of pain, and I didn't feel comfortable leaving him for longer than 5 hours or so, which means 4 hours at work. So, I decided to work from home some (which counts as leave, I don't get paid for working from home), take some actual leave (as in stay home and don't actually work, e.g. when I'm taking him in to a specialist or when I was up all night because he was so sick and I take a nap the next day) and go in for the most crucial part. So for each day, I'd look at my work plan for the day and decide. What part do I go in for, what part do I do from home (e.g. conference call into a meeting, or work on documents from home) and what part do I push back to a later day? Twice this week, I decided to go in because of a specific reason, travelled all the way in, and then learned that the meeting was cancelled, or rescheduled. On the other hand, I also made a plan to push back a piece of work, only to find out that a meeting had been scheduled that depended on the work, but no one had thought to notify me.

Anyway, I'm frustrated. Part of what is frustrating me is that there isn't really a precedent for this kind of FMLA. One reason is because most of the people I work with are teachers, and if they're out the bulk of their job is reassigned to a substitute. It's not waiting for them when they come back. In addition, even when other admin people take FMLA it's usually to have a baby so they're gone for 12 weeks straight and of course their work is reassigned. Since I'm taking a week here, and a day there, this doesn't happen for me.

I'm not sure what I'm looking for, other than stories from other people who have used it in an intermittent way, and maybe some strategies for advocating for myself.

 

[wilderness01]

Did you fill out intermittent FMLA paperwork? You have to fill out a portion and your son's doctor has to fill out his portion. Then it should be sent to your HR dept for approval. It is a federal law so you can't get in trouble for taking off. You have to have worked 1250 hours in the last year to be eligible for this.

You can take up to 12 weeks off and it can be intermittent. My job makes me recertify every 6 months because there have been other employees that have taken advantage of the system. My job does not allow you to come in for a part work day so you either take the day off or come in. I work part time so I am eligible for 480 hours off in a year used intermittently or 12 weeks off straight if I needed a continual leave.

Good luck.

 

[ronandannette]

I'm in Canada and don't know enough about your FMLA to comment directly on your situation; is the time you take off paid or unpaid? Also, is there a specific mandate on how much you can have and must your job be protected regardless of the effect on your employer?

The company I work for is EXTREMELY generous in allowing paid personal time for situations like yours. No one I know of has every been denied the time they need to deal with a family crisis - even one that tends to drag on like your's seems to be doing. The caveat though is that the employee continues to handle the work load in whatever way they need to so as not to disrupt productivity or unduly burden co-workers.

In a case like yours where you just don't seem to be able to make it work, my employer would give the person the option of taking an unpaid leave (which may or may not be covered through our federal Employment Insurance plan). You would then be completely relieved of all duties so you could concentrate on your situation and a temporary worker would be hired to handle them. Sorry for your rough time and "get well soon" to your DS.

 

[Callie]

My mom's job was helpful when she was having to take a day off twice a month. She is currently in a 12-week leave to deal with settling the stuff after my Grandma's death. Thankfully, she is being paid due to the fact she has accumulated enough sick days.

With my job, I work part-time in retail. Besides FMLA, the company offers leave for other personal reasons. I was able to take 4 months off this summer to complete an internship. I just had to come back one day to work in order to stay in the system. I basically gave my store manager one day I was available, and he scheduled me. Very generous policy, and it worked even more easily since I'd been there for 3 years.

 

[maslex]

I am on intermittent FMLA right now. Just found out my mom has stage 4 kidney cancer. Had her kidney removed Nov 1st and now she's being treated for cancer on her spine. She's been in/out of the hospital and now in a rehab place since Oct 15. I have used almost all of my sick time (I have like 3 hours left) mostly when we first found out she was sick, so I had to get FMLA in place.

I am able to take a 1/2 day off when needed (take her to doctor appts, etc) And I need to get a substitute to cover my work (I drive school bus).

I'm not exactly sure what to do in your case though. Hope your son feels better real soon.

 

[Mickey'snewestfan]

Thank you everyone,

Maslex, your example of driving a bus is a good one. Most of the people at my work have jobs that are like driving a bus, in that they have to be done at a certain time in a certain place, and if they're absent then someone else has to do them. You don't come back from leave and discover that since no one drove your bus yesterday, you need to do twice as many runs today.

Much of my job is more like painting a house. It has to be done in a certain location, but the timing is flexible. I can paint in the morning, or the afternoon, and there's a little flexibility about due dates, but I can't paint from home or a doctor's waiting room, although there are a few pieces I can do remotely like calling a customer about estimates or ordering paint on the internet, or conducting a phone interview with a new assistant painter. If I'm off, the work doesn't done, and then when I come back I've got last week's house and this week's house to paint.

My work is understanding to the degree that they give me leave when I request it and provide documentation, and they let me use accumulated vacation time when my sick leave runs out, but they don't understand why I don't meet deadlines we've set for getting the houses painted. It's like it doesn't seem to commute that in a week like this when I'll end up working 24 hours, instead of the 60 I might normally work, it means that one house will get painted instead of 2, and that even if I'm back at work all of next week, one of the houses I was supposed to paint next week will still not get painted because I'll need to spend half of the week painting the house I missed this week.

It's also why it's so frustrating when the chaos at work makes me even slower. I work at multiple sites, and it's like I decide that since I'm only doing 1 house this week, I'm going to prioritize Mr. Green because he's been waiting longest, or he's friends with my boss, or his house is in the worst shape, and then I drive there and realize no one ordered Mr. Green's paint, or the ladder I was told was at Mr. Green's house is really at Mr. Purple's, but now it's too late to change and go to Mr. Purple's house before I need to get home.

I guess that my question is if I get fired because I painted 50 houses this year, and they wanted 75 houses painted, is that an FMLA violation in some way? It seems like if they're required by law to allow me to not be at work, there has to be a recognition that I won't be working when I'm not at work, but they don't seem to be it that way.

My job, by the way is not painting houses, but I'm just using it because it seems like a familiar example.

 

[Tinker'n'Fun]

Thank you everyone,

Maslex, your example of driving a bus is a good one. Most of the people at my work have jobs that are like driving a bus, in that they have to be done at a certain time in a certain place, and if they're absent then someone else has to do them. You don't come back from leave and discover that since no one drove your bus yesterday, you need to do twice as many runs today.

Much of my job is more like painting a house. It has to be done in a certain location, but the timing is flexible. I can paint in the morning, or the afternoon, and there's a little flexibility about due dates, but I can't paint from home or a doctor's waiting room, although there are a few pieces I can do remotely like calling a customer about estimates or ordering paint on the internet, or conducting a phone interview with a new assistant painter. If I'm off, the work doesn't done, and then when I come back I've got last week's house and this week's house to paint.

My work is understanding to the degree that they give me leave when I request it and provide documentation, and they let me use accumulated vacation time when my sick leave runs out, but they don't understand why I don't meet deadlines we've set for getting the houses painted. It's like it doesn't seem to commute that in a week like this when I'll end up working 24 hours, instead of the 60 I might normally work, it means that one house will get painted instead of 2, and that even if I'm back at work all of next week, one of the houses I was supposed to paint next week will still not get painted because I'll need to spend half of the week painting the house I missed this week.

It's also why it's so frustrating when the chaos at work makes me even slower. I work at multiple sites, and it's like I decide that since I'm only doing 1 house this week, I'm going to prioritize Mr. Green because he's been waiting longest, or he's friends with my boss, or his house is in the worst shape, and then I drive there and realize no one ordered Mr. Green's paint, or the ladder I was told was at Mr. Green's house is really at Mr. Purple's, but now it's too late to change and go to Mr. Purple's house before I need to get home.

I guess that my question is if I get fired because I painted 50 houses this year, and they wanted 75 houses painted, is that an FMLA violation in some way? It seems like if they're required by law to allow me to not be at work, there has to be a recognition that I won't be working when I'm not at work, but they don't seem to be it that way.

My job, by the way is not painting houses, but I'm just using it because it seems like a familiar example.

My experience comes from an "at will" state which allows for dismissal for no reason. I know a lot of states now have adopted this procedure.

Your company is offering you your FMLA as requested. If your work is not being covered and or completed being let go for that reason is not a FMLA problem and I am sure they would not use it in the formal reason. The company would be well within its rights to let you go. Now if your state is not, I am sorry, unable to help.

 

[bellebud]

Just wanted to say that I'm so sorry about your ds and your situation. Having a sick child is very stressful, I know.

Is this going to be a long-term issue for you? (I hope not, meaning I hope your ds gets better). It sounds like your job can't just hire a temp for the day for you, is that correct?

 

[malibuconlee]

I know nothing about your family situation, husband, son's father, other family?

I'd suggest a meeting with your supervisor. Explaining how you appreciate their working with you and how you desire to have your work get done. Better communication is something you can put forth that can happen on the part of others. Like the meeting you came in for that was rescheduled. Is there anyone else who can help with your tasks? Maybe get your supervisor to let you know what they think the priority should be when you are at work.

As for family situation...are there certain days you can get help from the rest of the family so you can have a time that you can say you will absolutely be at work?

You also said March of last year. Meaning March 2012 or 2013?

Either way I'd say it's time to ask family for help if you feel your son cannot be alone and you need to get to work to keep your job if there is no way you can do the work outside of "normal" work hours.

I hope you can figure it out and I really wish the best for your son and his health.

 

[tvguy]

My mom got sick last year, and the hospital actually had a social worker who worked full time helping families make use of the Family Leave Act.
One of the areas the counselor focused on was people who have jobs that really have a tough time, by the nature of the work involved, making Family Leave work. A big part of that is not only your employer giving you the time off, but helping divide up your work tasks when you are gone.

I would talk to your supervisor or HR person.

I have no experience with that though, because my job has almost no carry over from one day to the next as far as work. If I am off, someone else has to do my entire job while I am gone.

 

[Mickey'snewestfan]

I know nothing about your family situation, husband, son's father, other family?

I'd suggest a meeting with your supervisor. Explaining how you appreciate their working with you and how you desire to have your work get done. Better communication is something you can put forth that can happen on the part of others. Like the meeting you came in for that was rescheduled. Is there anyone else who can help with your tasks? Maybe get your supervisor to let you know what they think the priority should be when you are at work.

As for family situation...are there certain days you can get help from the rest of the family so you can have a time that you can say you will absolutely be at work?

You also said March of last year. Meaning March 2012 or 2013?

Either way I'd say it's time to ask family for help if you feel your son cannot be alone and you need to get to work to keep your job if there is no way you can do the work outside of "normal" work hours.

I hope you can figure it out and I really wish the best for your son and his health.

March of 2013. The underlying issues are things that have been present since he was tiny. They were really bad until he was about 2, and then very manageable until he was about 10, and they've sort of crept back and then suddenly got out of control in March of 2013. Up until then I didn't have FMLA, because I wasn't missing more work than another parent.

Part of the issue is that we keep thinking we found the solution. While the underlying issue is something that he may always have, the symptoms he's having should be fixable, but it doesn't seem to work that way. For example, we figured out he was having a drug reaction that was causing that, so we changed drugs, and then he had a reaction to the replacement drug. Or two weeks ago he had surgery that should have caused dramatic improvement, but now he's having nosebleeds from the surgical site.

I don't have local family who would be able to provide that kind of help.

I have a new supervisor, my 4th in 6 months, and she seems the best so far at understanding that I can't be at work and at home at the same time. But there are lots of other people, including very senior people, who don't seem to be able to understand that.

 

[aprilgail2]

My shift has 8 people on it and 6 of the 8 have FMLA. When they are out we just call in someone on overtime to do it. Mine actually expired so I need to apply for it again. We just have to recertify once a year. You can pretty much get it for anything, migraines, reflux, heel spur, its not hard to get and is WAY abused!

 

[MinnieLovesMickey12]

I would really check and see if your state is a work at will state as a previous poster suggested. The state I live in is. And your employer can let you go for any reason or no reason at all. They do not have to give you a reason.

If you know your being off work is causing them to perceive you as having a poor job performance I would probably plan on being let go. There is really only so long a job can suffer before they have to let you go and hire someone to do the job.

 

[barkley]

I would really check and see if your state is a work at will state as a previous poster suggested. The state I live in is. And your employer can let you go for any reason or no reason at all. They do not have to give you a reason.

If you know your being off work is causing them to perceive you as having a poor job performance I would probably plan on being let go. There is really only so long a job can suffer before they have to let you go and hire someone to do the job.

even in a non 'at will' state an employee could be let go in this situation.

I supervised in a non at will state. I used intermittent fmla and was expected to timely complete all my work tasks (unless it was for an extended period of time like 2 or more weeks in a row). I also supervised people with intermittent fmla. h/r's instructions to supervisors/managers was that the courts have upheld that fmla does not require an employer to reduce an employee's workload during a period of leave on an intermittent or reduced leave scheduled basis.

in my case I supervised staff who did a mix of paperwork and client/other staff phone/face to face work (social services). we had deadlines that had to be met. failing to me the deadlines caused hardships for the clients as well as other staff (whose deadlines were dependent on my staffs meeting their deadlines).

the staff person who was close to termination at the point I was retiring had been written up for repeatedly missing deadlines, and (bigger issue which even the union supported) causing other employee's work to suffer on the basis that their duties were reliant on the intermittent fmla employee's duty to meet THEIR deadlines. I had worked with the person multiple times on prioritizing but to be honest, the kind of work we did didn't lend itself to his intermittent time off.

op-one thing you should be aware of that may be going on re. poor communication when you are off-it is considered a major no-no to communicate with staff by phone or e-mail during any period of time they are using fmla. it can be construed as denying them their leave. many employers prohibit it outright.

 

[Ceila]

I think the best idea would be to seek out either a social worker associated with the hospital or an attorney who works in employment law. There are so many different issues surrounding FMLA in your case, and it sound like you really need someone who can guide you through all of it.

Also, I know in the school districts where I live, there are unions for administrators. Are you in one? They would be a good resource for you as well.

I'm so sorry your son is going through so much.

 

[bittybabygrower]

As someone who works with multiple people who have intermittent FMLA, it is hard on the others you work with, especially if you have an essential job and work is not being completed as it should. For us it means working understaffed and it sucks.

I would talk with HR about performance issues and evaluations and what this could mean for your job. If essential work is not getting done, ie you are the only one who can do it or are the only one assigned to it, they can move you to a different job, FMLA will protect you job in the business, not necessarily the one you have now. For example, we had a patient coordinator on our unit that was off a lot and we do have certain tasks assigned to us that have to be completed and we are being paid more for this job. She was relieved of charge duties and dropped back to staff nurse.

I wish you luck!

 

[manning]

Don't know how to solve work. However noticed you say something about solving son's medical problem.

Have you consider visiting Mayo Clinic?

I only mention this as I recall a few people who had issues That doctors had problems nailing down. They went to Mayo and they were able to figure it out in short order. Best of luck to you.

 

[bookgirl]

Thank you everyone,

Maslex, your example of driving a bus is a good one. Most of the people at my work have jobs that are like driving a bus, in that they have to be done at a certain time in a certain place, and if they're absent then someone else has to do them. You don't come back from leave and discover that since no one drove your bus yesterday, you need to do twice as many runs today.

Much of my job is more like painting a house. It has to be done in a certain location, but the timing is flexible. I can paint in the morning, or the afternoon, and there's a little flexibility about due dates, but I can't paint from home or a doctor's waiting room, although there are a few pieces I can do remotely like calling a customer about estimates or ordering paint on the internet, or conducting a phone interview with a new assistant painter. If I'm off, the work doesn't done, and then when I come back I've got last week's house and this week's house to paint.

My work is understanding to the degree that they give me leave when I request it and provide documentation, and they let me use accumulated vacation time when my sick leave runs out, but they don't understand why I don't meet deadlines we've set for getting the houses painted. It's like it doesn't seem to commute that in a week like this when I'll end up working 24 hours, instead of the 60 I might normally work, it means that one house will get painted instead of 2, and that even if I'm back at work all of next week, one of the houses I was supposed to paint next week will still not get painted because I'll need to spend half of the week painting the house I missed this week.

It's also why it's so frustrating when the chaos at work makes me even slower. I work at multiple sites, and it's like I decide that since I'm only doing 1 house this week, I'm going to prioritize Mr. Green because he's been waiting longest, or he's friends with my boss, or his house is in the worst shape, and then I drive there and realize no one ordered Mr. Green's paint, or the ladder I was told was at Mr. Green's house is really at Mr. Purple's, but now it's too late to change and go to Mr. Purple's house before I need to get home.

I guess that my question is if I get fired because I painted 50 houses this year, and they wanted 75 houses painted, is that an FMLA violation in some way? It seems like if they're required by law to allow me to not be at work, there has to be a recognition that I won't be working when I'm not at work, but they don't seem to be it that way.

My job, by the way is not painting houses, but I'm just using it because it seems like a familiar example.

FMLA allows the time off, but it doesn't exempt you from the work that must be done. If you can't do the work, then it doesn't matter that you have the time off. All FMLA protects is your right to take off work even if you run out of sick/vacation leave, not your inability to complete the work. (I've got two employees at my job who have run out of sick/AVL but still get to take off unpaid time because FMLA unpaid time is still available).

Sucks, but it is probably time to arrange for someone else to be home with your child, or for you to find a job that is not time sensitive.