# FMLA Interference while caring for a child?



## whatslovegottodowithit? (Jan 6, 2013)

My wife (RN) is having a difficult time at work as she has used FMLA (Family Medical Leave Act) to care for our child / stay overnight at hospital(s) / go to Doctor's appointments / etc... My child has MAC (see here: http://talkaboutmarriage.com/family...anybody-ever-experience-mac-child-infant.html ) and required hospitalization(s), CT Scan(s), X-Rays, blood work, consults, etc...

The issue with her using FMLA is that her employer is requiring her to make-up the weekend time (guess the weekday shifts she missed aren't as um important?) she has missed due to our child being ill. I work every 3rd day from 7A-7A so figure every 3rd Saturday I work. I also have a 12 year-old son from a previous M that I have joint custody of and visitation with 1 day a week and every other weekend while he's in school. 

Some specialists only have Saturday availability for consults which will lead to my wife calling-in using her FMLA to cover the rescheduled by employer's makeup shift for her using FMLA in the first place! 

I never knew that FMLA time, when used, could be required to be made-up. It seems like she ( and the family of course  ) are being punished for when she had to (and will in the future perhaps) use FMLA to care for and be with a child undergoing such experiences in and out of hospitals. 

I may be wrong, but it sounds to me like her employer is punishing her (and anybody else) who invokes their federally protected right to FMLA time? Anybody here have experience using and/or problems with their workplace over FMLA?

***If this thread is not appropriate for this forum, I apologize, but don't know where else it would 'fit'. I guess if she lost her job (she gets an 'occurrence' for using FMLA) it would impact the finances and would require a different "parenting" dynamic (SAHM)***


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## Chris Taylor (Jul 22, 2010)

It may be that since weekend time is difficult to cover and probably mandatory since some consults only happen during the weekend, the policy is EVERYONE needs to take the hit and work certain weekends. Since your wife has avoided the undesirable weekend work (even justifiably so) while others worked the extra weekends to cover for her, she now needs to cover for the others who gave up their weekends and covered for her.


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## whatslovegottodowithit? (Jan 6, 2013)

Chris Taylor said:


> It may be that since weekend time is difficult to cover and probably mandatory since some consults only happen during the weekend, the policy is EVERYONE needs to take the hit and work certain weekends. Since your wife has avoided the undesirable weekend work (even justifiably so) while others worked the extra weekends to cover for her, she now needs to cover for the others who gave up their weekends and covered for her.


I get that, it makes plenty sense the why her employer is doing it. I'm curious if they can? The information on the US DEPT of LABOR website doesn't make it clear what actions an employer reserves, only speaks to interference with FMLA is encroaching on a person's rights. 

In the interim, I see a perpetual cycle of using FMLA on a day when she is scheduled by her employer to make it up. If I've failed to mention, the employer assigns the day vs. working with a person which would solve my/our problem.
_Posted via Mobile Device_


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## TCSRedhead (Oct 17, 2012)

I have never heard that before. Generally, FMLA means you are out of work until you (or the person you're caring for) is cleared by the doctor.


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## COGypsy (Aug 12, 2010)

TCSRedhead said:


> I have never heard that before. Generally, FMLA means you are out of work until you (or the person you're caring for) is cleared by the doctor.


FMLA can also be used for recurring treatment for a chronic or extended condition. Say radiation treatments where you needed to be out a day or two for treatment, but could work in between. 

The question is whether your wife has the leave time to use. If she has sick/vacation/personal time and is being charged that for the time spent caring for your son, then there shouldn't be an issue. It's her time to use. If she's having to make up the time, then there isn't anything that says she gets to have her pick of shifts for the makeup time.

From your later comments though, it sounds like the scheduling system is a bit of a mess whether they're dealing with vacations, holidays or FMLA.


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## whatslovegottodowithit? (Jan 6, 2013)

COGypsy said:


> FMLA can also be used for recurring treatment for a chronic or extended condition. Say radiation treatments where you needed to be out a day or two for treatment, but could work in between.
> 
> The question is whether your wife has the leave time to use. If she has sick/vacation/personal time and is being charged that for the time spent caring for your son, then there shouldn't be an issue. It's her time to use. If she's having to make up the time, then there isn't anything that says she gets to have her pick of shifts for the makeup time.
> 
> From your later comments though, it sounds like the scheduling system is a bit of a mess whether they're dealing with vacations, holidays or FMLA.


Yes, she is using her Paid Time Off as accumulated to cover the wages that would be lost otherwise.

The scheduling is a bit odd. They (nurses) are allowed to self-schedule as long as 'x' amount of weekends per cycle are selected. The schedule is done for a 6 week block of time. There is a set holiday rotation they each get and it goes work xmas one yr, you don't the next and same with all holidays. They pick their schedule 2 weeks prior to the six week block ending. My son's illness occurred after her schedule was set.
_Posted via Mobile Device_


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## whatslovegottodowithit? (Jan 6, 2013)

TCSRedhead said:


> I have never heard that before. Generally, FMLA means you are out of work until you (or the person you're caring for) is cleared by the doctor.


I/we thought the same. I never looked into this as I never saw this potentially happening (who could) and now that I'm in it, I'm caught playing catch-up and trying to educate myself with the limited info. that is out there. I found my employer would make me use all my accumulated time off before I'm allowed to use FMLA unpaid. I haven't had to apply for FMLA and hope not to.
_Posted via Mobile Device_


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## unbelievable (Aug 20, 2010)

Sounds like your wife isn't using FMLA at all but is using PTO. The difference is the FMLA doesn't require the employer to pay the employee, only to guarantee the employee's job in spite of approved medical absences up to 12 weeks a year. Your wife apparently wishes to be paid, so she's using PTO. In my job, the employer can approve or deny PTO requests, based on the needs of the job and leave requests have to be submitted at least two weeks in advance. Sounds like they are merely swapping her off-days to permit her to take care of her family medical business without loss of pay.


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## whatslovegottodowithit? (Jan 6, 2013)

That is what it sounds like, however her electronic attendance record shows FMLA. If she didn't have FMLA, then each absense would count as more deficiencies in her attendence record and therefore more 'points' toward discipline/termination. It also may be (I'll ask wifey later, she working 7p-7a tonight) that they allow her to use PTO while she's on FMLA?
_Posted via Mobile Device_


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## mablenc (Feb 26, 2013)

FMLA is job protection not pay, it's to twelve weeks continues or intermittent if she is making up her hours then I would not consider it FMLA but a shift change to accommodate her. Always get notes from all visits and track all hours used, keep a detailed record because it's usually screwed up by the employers as intermittent hours are hard to track.


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## whatslovegottodowithit? (Jan 6, 2013)

whatslovegottodowithit? said:


> That is what it sounds like, however her electronic attendance record shows FMLA. If she didn't have FMLA, then each absense would count as more deficiencies in her attendence record and therefore more 'points' toward discipline/termination. It also may be (I'll ask wifey later, she working 7p-7a tonight) that they allow her to use PTO while she's on FMLA?
> _Posted via Mobile Device_


Spoke with wifey, her employer requires that she use her PTO time while on FMLA. Once all PTO time is used, the employer will deduct from her 'sick bank'. After that, no work, no pay. She does not have an option to not use her PTO time.

What I also found interesting is that another employee on her unit returned from maternity leave/FMLA and does NOT need to make-up the weekend shifts that were missed. 

She emailed her HR department for clarification (before was aware of other FMLA employees in her unit not being required to make-up time) and was told that she (wife) needs to speak to her floor manager as the floor manager decides the scheduling/policies for the unit. She also spoke with a Respiratory Tech. and their department manager does not require weekend make-ups. 

I think we have a good arguement being that the weekend make-up policy is not enforced for everyone who uses FMLA in her unit and weekend make-ups are not required hospital-wide.


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## diwali123 (Feb 17, 2012)

I think you should talk to a lawyer who specializes in FMLA. 
Sometimes just a letter from a lawyer puts HR in a position where they suddenly comply with the law. 
I feel for you, I have had quite a lot of trouble with FMLA and my daughter's asthma.


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## MrsLadyWriter (May 21, 2013)

I used to do payroll for a major company so I know a little about it. FMLA is not free time off. It's earned and you can easily exhaust it unless you have a few years in with your company. But, it only guarantees that your job cannot be jeopardized by taking time off to care for your or your family members due to an ongoing or chronic condition.

However, if the company requires you to use PTO, sick, or vacation time when you need time off under an FMLA covered occurrence, then you should NOT have to also make up that time! A lot of companies do not pay OT unless you actual WORK more than 40 hrs per week. So, if you use PTO, etc. and then work an extra shift then that shift is just additional straight time.

The company would be wiser to allow the employee to EITHER use PTO, etc. OR make up the time in that current pay period. AND if the company is not applying a policy consistently they are treading dangerously, too.

HR needs to be notified about that ASAP!


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