FMLA Request: I need help...

[macchan]

OK here is the situation.

I applied for FMLA Intermittent leave on 06/16/08 for my Chron's.

Due to Doctor's vacation and such it is still ongoing.

Last friday I found out I had to stay home to take care of my son for a qualifying fmla illness.

So I applied for FMLA again for a week to take care of him.

My company says I can't do both. I can't have an open FMLA case for myself
and file one to take care of my son.

Obviously I am missing something.

I am going back to work Wednesday and having my mom watch him or maybe my wife takes off Hell I don't know.

Anybody have any clue why I can't take off to care for my son if I have a claim (not the same week) for myself.

[stldude44]

I'm not in any way an expert on the FMLA so I won't comment. Here's a link to their site and I'll bet your answer can be found there.

U.S. Department of Labor - Employment Standards Administration (ESA) - Wage and Hour Division (WHD) - Family and Medical Leave Act

[Support]

Originally Posted by macchan

OK here is the situation.

I applied for FMLA Intermittent leave on 06/16/08 for my Chron's.

Due to Doctor's vacation and such it is still ongoing.

Last friday I found out I had to stay home to take care of my son for a qualifying fmla illness.

So I applied for FMLA again for a week to take care of him.

My company says I can't do both. I can't have an open FMLA case for myself
and file one to take care of my son.

Obviously I am missing something.

I am going back to work Wednesday and having my mom watch him or maybe my wife takes off Hell I don't know.

Anybody have any clue why I can't take off to care for my son if I have a claim (not the same week) for myself.

If you are on FMLA you should have just called off FMLA and that would be the end of the story. You can call in at will when needed and for how long you need. The Intermittent leave is for anything less that 12 weeks. It does not mean you can not call off FMLA for several days at a time in a row.

[Support]

I also understand why they said no to FMLA for another person when you are already on FMLA. You can only take up to 12 weeks per year.

[macchan]

If I am on FMLA Intermittent leave. (not actually on leave) but I can be on leave for a day at a time due to a Chronic condition then I am precluded from taking leave to help a sick parent, wife or child.


However if I am on Intermittent leave all I have to do is use that leave and say lie about it and I am ok?

Never wanted another 12 weeks just wanted to explain why I was going to be off for a week as it was different then what eventually I will be approved for.

Anyway over and done with now going back to work Wednesday with a couple days in Reserve.

[Support]

Originally Posted by macchan

However if I am on Intermittent leave all I have to do is use that leave and say lie about it and I am ok?

To lie is never OK, but while on FMLA there is many things that you can call in for and not be lying.

Example: If I was on FMLA for a parent of child and that parent can't do there daily tasks such as cut there grass I can use my FMLA and call in and go and cut there grass. If my child could not fix his lunch I could use FMLA. Same for me if I was on FMLA for my self. There is so many things that I can use FMLA for on my self. If I had what you have and I just did not feel that good I could use my FMLA that day. You really do not have to be getting ready to go to the ER just to call in FMLA.

FMLA leave is much more that what we all think.

[Pullin3]

Originally Posted by macchan

My company says I can't do both. I can't have an open FMLA case for myself
and file one to take care of my son.

That is a load of crap, there is one of two things going on........

1.The company is stupid and doesn't know the law (This is very possible in many cases).
2.The company is trying to baboozle you and lying on purpose (This just makes them a bunch of snakes)


Fact----
There is an employee at my work that has FMLA for his migraine headaches (a qualifying condition). He is also a foster home to two foster kids. Every time a foster kid comes through his house, that is a qualifying condition for FMLA. He currently has two kids.

120 days X 3 qualifying conditions = 360 days


My point????
He doesn't even have to show up for work every year if he chooses. (As long as he keeps re qualifying on an annual basis)

I even had it for my wife for four years. And one of those years had it for myself and her.

[WestCoast]

Originally Posted by Zoro

To lie is never OK, but while on FMLA there is many things that you can call in for and not be lying.

Example: If I was on FMLA for a parent of child and that parent can't do there daily tasks such as cut there grass I can use my FMLA and call in and go and cut there grass. If my child could not fix his lunch I could use FMLA. Same for me if I was on FMLA for my self. There is so many things that I can use FMLA for on my self. If I had what you have and I just did not feel that good I could use my FMLA that day. You really do not have to be getting ready to go to the ER just to call in FMLA.

FMLA leave is much more that what we all think.

True, do not lie. You could be terminated for proven dishonesty, and you would committing a crime by giving false basis for an FMLA claim.

Contact the D.O.L. and report the company in question. Employers can be penalized for improper handling/denial of FMLA claims.

[macchan]

I called DHL's Time Off Planning Service today. (TOPS) I explained to them the HR lady's assertion that I could not be under an intermittent FMLA (Possible Leave) and get FMLA time off to Help with my son. TOPS said she had no idea what the lady was talking about. I called the HR lady and left her a message explaining TOPS position and asked her why I had to be at work? Of course she never returned my call so I scheduled a meeting with Mgr. and Stewards. Mgr. said they were not denying my FMLA that was handled by TOPS. I stated you said I could be in position of job abandonment and TOPS doesn't have the ability to fire me you and the HR lady do. So if you are telling me something is not allowed I have to listen to you. Well he called HR lady and she answered and told Mgr. to call TOPS for confirmation. Now yesterday she told me to call. And why in god's name would I lie about something that could get me fired? Why would I lie to take time off that sucks my vacation to see my son sick, instead of using that time to see a smile on his face. You know the HR Specialist is supposed to know this stuff, and I really don't know what the hell is going on. Although I am beginning to suspect that I am correct.

Please let me know if I talk to much about this I haven't been able to help anyone only get help. Thank you.

[Pullin3]

Originally Posted by macchan

Please let me know if I talk to much about this I haven't been able to help anyone only get help. Thank you.

Talk away