Comments on: FMLA Intermittent Leave: Don’t Let Employees Beat the System

By: Bishop1234321

Bishop1234321 — Tue, 31 Jan 2012 15:15:00 +0000

I think it’s a joke jhow some of the people are calling this article bad. First of, this is actually a very well written article that garners a ton of advice to the people that are getting burned most by FMLA, the employers and the coworkers that have to pick up tha slack. There is a girl in my office that takes time off for FMLA but only on Mondays and Fridays, she schedules last minute and she even took a week off to sit at the bedside of a friend that was in ICU. If that isn’t abuse I do not know what is. Why can’t she visit ICU before and after work. She is a complete disgrace to the people who do need FMLA and I hope she gets canned. Also if you suffer from migranes you should do wehatever it takes to prevent them, like not going to concerts…. This article was a huge help and was well written, it’s those of you that cheat the system that do not like this article..

By: CO-Worker of an FMLA abuser

CO-Worker of an FMLA abuser — Wed, 25 Jan 2012 18:08:00 +0000

You people and your bleeding hearts for FMLA. Understandable it is needed for some people. Rightfully so. But to have your shift held (even though it is extremely taxing on the people you work side by side day in and day out with and you refer to them as being “your friends”) because your boss is afraid to move you to another shift where it is less noticeable when you take a day off is completely wrong. I understand if you need to take some time off because you have an illness or the stress gets to be overwhelming but maybe you could think of the people you work around and how it affects them. Maybe someone with FMLA could go to their boss and say ” hey boss I know this is very hard on my fellow co-workers and I would like to do what I can so it takes a little pressure off them. Put me on a shift where if I cannot make it it is not going to affect my co-workers as much.” Most companies have a limit on people per dept. So its not like they can just go out and hire someone to cover when the person cannot be there. All I am saying is if you are on FMLA think of the people you work with at the very least.

By: Snakeeyes

Snakeeyes — Wed, 25 Jan 2012 17:53:00 +0000

When your “FMLA” starts affecting the every day routine of your co-workers and your “shift” is safe because you are on FMLA and bosses are afraid to do anything except make your fellow co-workers work 12 hour shifts and off-shift others to cover then I take exception. I have suffered from migraines since I was about 5. Shots, MRI’s eye doctors you name it yet I only miss my 5 days a year unless they are so bad (and I know there is enough coverage) to take a day off. I got an idea. When people are on FMLA maybe they should think of their co-workers and change their shift (If possible) to a shift where it is less taxing on your fellow co-workers. But this is just a pipedream and as long as FMLA ers have this to hind behind I will continue to think it is BS.

By: Renee Rister

Renee Rister — Wed, 02 Nov 2011 13:47:00 +0000

Can an employer force an employee to take continuous FMLA in place of requested intermittent FMLA because it would be difficult to back fill the job of the employee on leave intermittently?

By: Daenae74

Daenae74 — Tue, 27 Sep 2011 14:07:00 +0000

I am in the same boat.. Im am constatly harrassed, and treated unfairly. I do not have poor work performance but my wonderful supervisor always cares to leave out any good thing that I have done for this company… However there is one person in my office that takes months off at a time for depression…. this only happens when the kids are out of the school for the summer… But thats my boss’s pet…

By: Fourfairs

Fourfairs — Fri, 23 Sep 2011 19:13:00 +0000

I am amazed at the thought of requiring monthly recertifications of need of fmla because “Furthermore, the law says the employee must pay for this re-certification. Costly co-pays can serve as a disincentive.”

By: ScammerHater

ScammerHater — Fri, 29 Jul 2011 02:26:00 +0000

I have worked for the same company for over 10 years. Up until 3 years ago, there was only one person, who used FMLA due to the terminal illness of her husband. Due to an expansion of our department the company hired 12 new employees. It turned out that most of these employees were co-workers at one time or another, and follow each other from Job, to Job. Well, one by one, they applied for FMLA, after using up all of their Sick Time, and Vacation Time.
It has been never-ending, and, of course, the rest of the Honest employees, are left to pick up the slack.

There is a “ring-leader” who apparently knows all of the “Ropes”

How do they get away with this ? Why would a company put up with this ?

By: Sissyluz

Sissyluz — Thu, 26 May 2011 01:37:00 +0000

This is a prime example of how management violates the righs and protections of employees who qualify and use FMLA. Maagment may not like the use of FMLA but they sure better accept it and follow the letter of the law. There are built in remedies to curtail any “abuses” but for anyone who does not have complete access to an employees medical records as protected by HIPPA, it would be next to impossible to know with any certainty that there is any “abuse” going on. Employees need to educate themselves and protect their rights and contact the Department of Labor or Office of Hours and Wages to file a complaint against employers who violate their rights!!!

By: Carloca40

Carloca40 — Tue, 19 Apr 2011 21:31:00 +0000

my doctor didnt fax my fmlapaperwork to the comany i worked for and i was fired who at fault?

By: guest

guest — Tue, 29 Mar 2011 21:10:00 +0000

I am harassed each time I have an episode.when i call off i have to say[ fmla Migraines] and other employees are around when this is played and i have to here snide comments and be razed by other employees is my employer violating FMLA rules by letting others know about my issues it is causing me discontent and negative energy in the way i work what can i do to stop this? its not right now that everone i work with is making it a place i dont want to be

By: Lokelani4_2005

Lokelani4_2005 — Sun, 06 Mar 2011 16:56:00 +0000

i am on fmla for my back and my co workers constantly talk behind my back, talked to a supervisior two months ago about my condition and how i feel like they are trying to take my position from under me and give it to someone else she then told the other co workers in the workplace about what i have said.. i been treated like crap no one then talks to me, when i ask a question they dont respond with the other coworkers complaining they moved me into a different position and i get to keep the same pay and the same title but i dont get to perform the duties.. i feel so uncomfortable when i return to work because i am out when my back hurts and i can walk or stand cause it hurts so bad..

By: diana

diana — Wed, 23 Feb 2011 05:14:00 +0000

i have returned from my leave of absence. but i am not getting the hours that i am entitlied to.. much younger new employess are getting more hours than me.. for instance others are getting 40 hours and i am only getting 30..new people that are younger and are paid less are getting more hours. am i no entitled to get the hours i was getting before my leave?

By: PeachyKeen

PeachyKeen — Sun, 13 Feb 2011 15:41:00 +0000

wow, as a mother to a child with Asperger, Tourette syndrome, I find this so absolutely offensive. I honestly have not witnessed anyone abusing this system but knowing how people can be I am sure they do … I have however, witnessed my employer terminating people who have taken this leave … of course, they’re attorneys and they are not afraid to take on the law ….

By: Amnesialbtech

Amnesialbtech — Fri, 11 Feb 2011 23:30:00 +0000

I suffer from Miner’s disease, Prenacious Anemia, and Chronic Fibromialgia. I recently took two weeks off with prior notice being I am pregnant and unable to take all my medication that is required to maintain my health issue’s. Prior to my return to work I was told my job title was being changed and yet have to still fullfill all my job duties required under my own title. This is in benefit for my company. However, there are other employee’s at my complany that could pick up my responsibilites when I am out yet they don’t. Is this legal? They say FMLA is there to protect your job and yet after 14 yrs I feel like this is their way of punishing me? Need some advise!

By: Cindysuezoo

Cindysuezoo — Tue, 08 Feb 2011 21:08:00 +0000

I submitted a legitimate FMLA form to my employer. My team leader said, her dept. sucked because, everyone is old or sick. My supervisor, said you pushed the company and now they are pushing back. Get out of my dept. and take another position. If we give you another position, it will be part time. That is what they did. Because I am now part time, I no longer qualify for long term or short term disability. I would have been there long enough to finally have three weeks vacation each year, I now get 24 hours. Was this lawful on their part?

By: Anonymous

Anonymous — Wed, 26 Jan 2011 19:12:00 +0000

Thanks for your comment. We can’t respond to questions about specific
situations or provide legal advice, but we invite other readers to post
comments or responses to this question. We encourage you to seek guidance
from your HR department or, for legal questions, consult an attorney.

By: Nedwardsobs

Nedwardsobs — Wed, 26 Jan 2011 19:10:00 +0000

fmla calcuations are done based on a 5 day work week or do you include weekdays when trying to determine the date that the 12 weeks exhaust?

By: Anonymous

Anonymous — Wed, 12 Jan 2011 18:56:00 +0000

By: jess

jess — Wed, 12 Jan 2011 18:26:00 +0000

With intermittient FMLA do you haev to give advanced notice? I mean, we have an employee who will call in 1.5 hours before the begininning of her shift to report of for work for “irritable bowel” or fibromyalgia, both of which her physician approved her for FMLA. If i am understanding this correctly -that does not constitute reasonable notice.

By: Its4star

Its4star — Fri, 19 Nov 2010 07:46:00 +0000

if you are totally commissionbased and no hourly pay salesperson, how does intermittent leave effect the categories one must meet to be at standard ,i.e., sales standard — is this adjusted also or just the time on site of workplace–where is this defined in the flma law—thanks,

By: Cmay

Cmay — Thu, 04 Nov 2010 15:02:00 +0000

if i am correct, it is 12 weeks per rolling yr. example, if she was out 2/1/10 – 3/28/10 – she begins regaining that time back on 2/1/11 and by 3/28/11 she would have a full 12 wks available again. In this economy, I would probably check with the Dr. and see if there is anything you can do to hold off surgery for a little while, ie brace or sling, cortisone shots, something so that she can regain some of that FMLA time, then she would not be faced with trying to find a new job when there are very few to be found.

By: Kelly

Kelly — Mon, 01 Nov 2010 17:26:00 +0000

Since this was over a month ago, I hope you have figured something out on this. The first thing is to look at the paperwork she received after her first FMLA (it was FMLA, right?). She should have received a notice that told her several things, including how her company calculates the 12 months that make up a “year” for FMLA. If you cannot find this, she needs to ask her FMLA administrator. The company can decide if their FMLA year is calendar year, a specified period, or a “rolling” 12-month period (meaning if she was on FMLA last October 10, then that day drops off and is again available to her October 10 of this year).

It is a total of 12 weeks per 12-month period of FMLA, regardless of how many FMLA-qualifying events you have. So, in your wife’s case, it really depends on what her company’s “year” is. Find that out and she can better judge when to have the surgery (if she’s able to put it off at all). If it’s covered under FMLA (which will be at least 3 weeks of it…they can’t deny FMLA because it will be longer than available FMLA leave…but when she runs out, they have the right to terminate or whatever if they haven’t allowed for a company-extended medical leave), they will have to hold her job. The can’t deny it (unless she’s a “key” employee, but if they allowed her to be out for 9 weeks before and she hasn’t changed jobs, that’s very improbable).

Good luck!

By: Kelly

Kelly — Mon, 01 Nov 2010 17:18:00 +0000

While I agree there can be abuse for intermittent leave (I have seen it, but I have also seen employees who need this), I have to say this article is bad and isn’t even all that accurate!

First off, IF an employee happens to say they were at a concert and hungover, fine, that’s not FMLA. BUT just because someone was at a concert then gets (or even claims to get) a migraine the next day is STILL covered by the FMLA (if they have intermittent FMLA for migraines, of course). An employer cannot deny FMLA because it thinks they were just out too late the night before unless you can prove fraud (which is very hard to do).

Second, 30-day recertification is fine and dandy…UNLESS the doctor has specified a time period on the FMLA. If he states that the employee will need intermittent leave to care for his spouse during epileptic episodes for the next 4 months, and the employer has approved this leave request, then they cannot recertify it until those 4 months are up (unless other parameters are exceeded…like if it says “3 times per month” but this month it was 5…or if something questionable starts happening…like the employee is taking every Friday and Monday off).

Third, not illegal, but pretty stupid for a company: make sure your company FMLA policies have the employee use up vacation for intermittent leave DURING their leave. The FMLA allows paid time off to be used in conjunction with FMLA, so it is NOT an either/or situation. As an employer, you don’t want to have someone off for a total of 12 weeks, but then get another 3 weeks of FMLA coverage because you didn’t count the first 3 weeks as FMLA, but only as vacation.

With the updated regs of last year, I would have expected this article to be more helpful and WAY more factual. It makes me distrust this entire website.

By: Anonymous

Anonymous — Wed, 22 Sep 2010 18:17:00 +0000

Michael Boyette
Executive Editor
Rapid Learning Institute
PO Box A
Morton, PA 19070

mboyette@rapidlearninginstitute.com
484-479-2715

By: Edmcc62

Edmcc62 — Wed, 22 Sep 2010 18:07:00 +0000

mt wife had hip replacement out 9 weeks… now we find out she has a tear in her rototor cuff and will need shoulder surgery and her might be out 4 to 6 more weeks. is fmla per issue or per year?
she has been at her job 16 years all her hr dept says is that they can’t do anything and they can not hold her job. any help

By: James Evans

James Evans — Thu, 22 Jul 2010 00:13:00 +0000

This sounds like a bunch of shit aimed at defeating the fmla act. any employer can claim that the employee was not sick! I experienced this when my father passed away, he was dying of cancer and when he would become very sick the hospital would call in the family saying he may not make it through the night, this happened several times before he passed away, I was given every shitty job they could think of after that and I finally retired from the job because I could not take the stress of the workload placed upon me after I had taken the time off for my father [My FATHER] The only Father I will ever have.

By: Mrcorrect

Mrcorrect — Sat, 17 Jul 2010 01:41:00 +0000

You are scumbags. You should mention that any form of retaliation in the workplace for someone being sick is not only illegal, but the company probably will and should face many, many cilil suits. Have fun paying out all those attorney fees + back pay + settlement costs!

By: Honesty/Integrity

Honesty/Integrity — Sun, 27 Jun 2010 07:57:06 +0000

How Pathetic!! I suffer from Migraines and I am harassed each time I have an episode. I understand that there are a few that cause the rest to have to suffer; but when you've been to multiple doctors for relief and had MRI's to assess the issues, maybe harassing the employee only causes discontent and negative energy in the working environment. Studies show that people are more productive in a happier, healthier environment with employers that are truly concerned for your wellbeing. An employee is an asset and should be treated accordingly; abusers and liars should be fired. How difficult is that? Deception and bold-faced lies should apply to HR departments also..i.e. Smurfit-Stone.

By: Honesty/Integrity

Honesty/Integrity — Sun, 27 Jun 2010 06:57:00 +0000

How Pathetic!! I suffer from Migraines and I am harassed each time I have an episode. I understand that there are a few that cause the rest to have to suffer; but when you’ve been to multiple doctors for relief and had MRI’s to assess the issues, maybe harassing the employee only causes discontent and negative energy in the working environment. Studies show that people are more productive in a happier, healthier environment with employers that are truly concerned for your wellbeing. An employee is an asset and should be treated accordingly; abusers and liars should be fired. How difficult is that? Deception and bold-faced lies should apply to HR departments also..i.e. Smurfit-Stone.

By: Kimberly Hawkins

Kimberly Hawkins — Thu, 10 Jun 2010 18:28:53 +0000

This was awesome

By: PATSY

PATSY — Sun, 25 Apr 2010 22:29:00 +0000

IS FMLA A ROLLING THING OR IS IT THE FULL AMOUNT AT THE BEGINNIG OF THE 1 YEAR OF GETTING YOUR PAPERWORK FOR FMLA FROM YOUR DOCTOR?

By: JR Jordan

JR Jordan — Mon, 29 Mar 2010 16:51:58 +0000

Thank you for such useful information. Question: how is the 12 weeks of leave calculated, is it 60 days for a per diem paid employee who normally works Mon-Fri? 480 hours for hourly personnel working 8 hrs/day, 5 days per week? when does the employee reach the 12 week maximum?

By: Helene Roy

Helene Roy — Wed, 17 Mar 2010 01:24:00 +0000

If you are on intermittent FMLA leave. Can your job be terminate reason: Job eliminated

By: aaron12121212

aaron12121212 — Fri, 26 Feb 2010 02:11:28 +0000

This was really helpful! I am a manager and this short post filled in some areas that our HR department just glossed over. Thanks.