Intermittent FMLA

[Snowflakey]

Hi friends. Looking forward to your replies on this.

In a nutshell, I've been approved for intermittent FMLA for my husband's upcoming surgery from February thru early May.

My manager is telling me that I can't work around caring for my husband. But when I applied for this, this is what leave management said I needed was the intermittent so I could work some while still being able to bring husband to appointments and assist when needed.

Manager also suggested I take two full weeks off after surgery and reassess after. I told her I'm not taking continuous FMLA so why would I take full weeks off?

Yes, all paperwork from surgeon/doctor has supported the time frame and intermittent care.

When I research it all says what I thought, that I am able to work intermittently.

I work remote most of the week, going into the office for a few hours (2-3) for 3 days.

Thanks in advance for any guidance.

 

[easyas123]

I'm not sure what your question is - Is it what should you do? How should you approach your manager?

Who approved you? That's where you start for clarification -
But my recommendation is to follow the guidance of your HR dept., and follow up with them in writing. Ask them to clarify this to your manager. If you HAVEN'T put this thru your HR dept and only discussed it with your manager you need to protect yourself and do it properly, go thru HR. If your Company doesn't have a HR dept then create a paper trail and confirm what you are doing and cite the FMLA policy you are attempting to follow.

That's what I would recommend any employee I have do, and I have 140 employees. Good luck to you and I hope your husband had a healthy recovery.

 

[Sprinkles&Sprints]

I’m not an attorney so I can’t speak to the legality of what your manager is advising but when I took intermittent FMLA for my own care it was so I could take chunks of certain days off for medical appointments - it’s a prime example of what it would be used for.

So if it was me, I would discuss the details of your needs with HR and they can advise your manager on how it will work. As a manager of a large team myself, it’s not your managers’ call.

 

[Snowflakey]

I’m not an attorney so I can’t speak to the legality of what your manager is advising but when I took intermittent FMLA for my own care it was so I could take chunks of certain days off for medical appointments - it’s a prime example of what it would be used for.

So if it was me, I would discuss the details of your needs with HR and they can advise your manager on how it will work. As a manager of a large team myself, it’s not your managers’ call.

Thank you. My manager is who I talked to yesterday but said that she talked to HR. She said HR and the leave management teams are separate.

Yes, I would be using time to bring him to weekly appointments (he can't drive) and some care

 

[Snowflakey]

I'm not sure what your question is - Is it what should you do? How should you approach your manager?

Who approved you? That's where you start for clarification -
But my recommendation is to follow the guidance of your HR dept., and follow up with them in writing. Ask them to clarify this to your manager. If you HAVEN'T put this thru your HR dept and only discussed it with your manager you need to protect yourself and do it properly, go thru HR. If your Company doesn't have a HR dept then create a paper trail and confirm what you are doing and cite the FMLA policy you are attempting to follow.

That's what I would recommend any employee I have do, and I have 140 employees. Good luck to you and I hope your husband had a healthy recovery.

I am approved by our leave management team for Intermittent FMLA.

My question is, if I follow guidance from HR they are saying I can't work some hours and use my Intermittent FMLA. Example: I worked from 7-noon and then had to use FMLA to bring husband to appointment. They are saying I can't do that but that is exactly what Intermittent FMLA is for.....

 

[lanejudy]

Your manager doesn't really get a say in the matter -- other than they can require that you submit the dates/times in advance so as to manage scheduling needs (if that pertains).

I use intermittent FMLA to take 1 day off per week to help with DH's needs. I do have it as a set schedule so it's the same every week and I submit the "request" 3-4 weeks in advance (just each week I go in and add the next date). This allows my manager to see my availability for scheduling projects.

I assume his appointments are (or will be) scheduled in advance. Then you just have to figure out what "other" needs he has that will require your assistance. Are you anticipating daily? Weekly? No need to answer here just this is what you have to think about and try to plan. You should still be able to adjust the actual leave dates/hours.

 

[lanejudy]

My question is, if I follow guidance from HR they are saying I can't work some hours and use my Intermittent FMLA. Example: I worked from 7-noon and then had to use FMLA to bring husband to appointment. They are saying I can't do that but that is exactly what Intermittent FMLA is for.....

You are correct. That is exactly what FMLA allows. Make sure your leave management has approved it as X hours and not X days.

ETA: can you schedule a conference call with the leave management office, HR and your manager? This might help HR and your manager understand what your rights are, and help work out a way to allow the schedule that you need.

 

[focusondisney]

I am approved by our leave management team for Intermittent FMLA.

My question is, if I follow guidance from HR they are saying I can't work some hours and use my Intermittent FMLA. Example: I worked from 7-noon and then had to use FMLA to bring husband to appointment. They are saying I can't do that but that is exactly what Intermittent FMLA is for.....

I had it to care for my mom a few years ago. I’m in NY State. I had to take full days, not some FMLA hours & work a partial day. Maybe that’s the issue? I would clarify with your leave management team, since they’re the ones who approved it.

*Intermittent meant intermittent days of work, not hours. So I was able to take off a day I needed to be with her, but work the next day if I did not. The system was set up to pay full days of pay, not hourly.

 

[easyas123]

leave management team

Interesting, I'm not familiar with Leave Management Teams.

*Intermittent meant intermittent days of work, not hours.

Ah - that may very well be where Snowflakey is finding the problem to be.

 

[lanejudy]

*Intermittent meant intermittent days of work, not hours. So I was able to take off a day I needed to be with her, but work the next day if I did not. The system was set up to pay full days of pay, not hourly.

That's not correct. Intermittent only means it isn't consecutive dates for time off. FMLA time can be taken in as little as 1 hour blocks. However, it may depend on how payroll is set-up -- if pay is calculated per-hour or per-day. It sounds like your payroll didn't calculate partial days thus you had to take full days.

 

[Skippy918]

The DOL says you can use increments of 1 hour. So if you only need 2 hours a day, you shouldn’t be required to take the whole day as fmla.

https://www.dol.gov/agencies/whd/fact-sheets/28i-fmla-leave-calculation

This post here sounds like a similar situation to yours.
https://www.justanswer.com/employment-law/l7xzc-intermittent-fmla-employer-uses-increments-1.html

From what I read, your schedule shouldn’t be too disruptive to the employer’s operations.
https://www.ecfr.gov/current/title-...bchapter-C/part-825/subpart-B/section-825.203

 

[focusondisney]

That's not correct. Intermittent only means it isn't consecutive dates for time off. FMLA time can be taken in as little as 1 hour blocks. However, it may depend on how payroll is set-up -- if pay is calculated per-hour or per-day. It sounds like your payroll didn't calculate partial days thus you had to take full days.

That’s exactly what I said. Also, NY state has their own Family Leave program. For my employer, it takes precedence over the federal program. Each state may have different terms that still accommodate the national requirements.

 

[Skippy918]

What’s the smallest increment of sick or vacation time you are allowed? Are you allowed to take partial days off?