FMLA - Company approved.....with limitations.

Reverend_Chaos

My 6yr old daughter has a condition called shortgut. Due to this it's hard for her to absorb calories and fluids. This means that when she gets sick, she gets dehydrated 1000X faster than normal, and it's really easy for her to end up in the hospital so they can give her fluid's via IV. I have FMLA to take care of her, but my company has started approving it, but with serious restrictions about how often I can use it. Currently I can use FMLA up to three times in one week, but only once per two months. There is no family to help us out, it's just my wife and I.

My official paperwork they e-mailed me back just has an approval, there is no where on there for them to do anything except approve or deny it. In the body of the e-mail though, they laid out the restrictions, and when I asked about appealing their decision they just told me that based on the FMLA paperwork that the Doctor filled out (That's the same as the last 4 years I've done this), that was what they could approve, and if I needed more time, the Doctor would need to fill out the forms again. My company has gotten rid of all of the local HR reps, and now all contact with HR is via e-mail, and I have had nothing but problems with them since they started doing this. Last year they put a similar restriction on me, and I ended up using my own sick time, instead of FMLA, and went over on my sick time, and due to a transfer from one dept. to another I managed not to get written up for it.

So my question is; is it even legal for them to put limitations on my FMLA? and if so, can they deny me any kind of appeal or dispute process?

bowen

What state do you work in?

Reverend_Chaos

Oh, sorry.
Washington - The state, not the district.
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bowen

http://www.lni.wa.gov/WorkplaceRights/files/FamilyLeaveFAQs.pdf

Seems like no, there isn't a whole lot of limitations they can put on it.

Reverend_Chaos

That is exactly what I was looking for!! Thanks Bowen, you are a life saver!

dispatch.o

They can't limit it. However you need to make sure the physician filling out their part is putting what you need.

Its not uncommon for intermittent FMLA to come with the conditions set by the provider.

Also, FMLA just means they can't hold the days you call out for it against your attendance. You still have to use sick and/or vacation time to actually get paid for it.

What did the physician fill out as to how often you need it? Its not a blank check.

bowen

Yeah think of FMLA as a "not-get-fired-for-doing-something-you-need-to-do" card. Of course your handbook might say they will pay your hours while doing it, who knows.

ArbitraryDescriptor

bowen wrote: »

Yeah think of FMLA as a "not-get-fired-for-doing-something-you-need-to-do" card. Of course your handbook might say they will pay your hours while doing it, who knows.

And in some cases, the compensation is actually handled by a third party. My wife's employer grants her FMLA as part of her maternity leave, but she gets paid via the long-term (or short term?) disability insurance company. In that scenario your employer might not have any wiggle room to negotiate on the compensation amount/frequency; even if they were inclined to.

Darkewolfe

dispatch.o wrote: »

What did the physician fill out as to how often you need it? Its not a blank check.

This. And the company can ask for clarification on some requirements. I've seen it asked before how long the physician's orders last, i.e. not indefinitely, for 3 months, 6 months, 10 years and review, what?

DevoutlyApathetic

ArbitraryDescriptor wrote: »

bowen wrote: »

Yeah think of FMLA as a "not-get-fired-for-doing-something-you-need-to-do" card. Of course your handbook might say they will pay your hours while doing it, who knows.

And in some cases, the compensation is actually handled by a third party. My wife's employer grants her FMLA as part of her maternity leave, but she gets paid via the long-term (or short term?) disability insurance company. In that scenario your employer might not have any wiggle room to negotiate on the compensation amount/frequency; even if they were inclined to.

I don't think disability insurance would ever pay out for the situation he described.

Kakodaimonos

Depends on the plan. You can buy a short term disability plan that covers pregnancy. It's expensive(ish) and has a lockout period, but it's available.

DevoutlyApathetic

I was referring to the OP's situation where he's caring for an ill family member. That's explicitly covered in FMLA but not by disability.

Reverend_Chaos

My company uses my vacation time when I call in on FMLA, as long as I have time available. DevoutlyApathetic is correct, Short Term Disability will not pay you for a family member in my situation. I read through the paperwork, and I don't see where they can limit it either.

dispatch.o

They aren't limiting it, your doctor is.

The paperwork filled out and sent to the employer by your childs physician has fields for how many times per month and how long these periods may be. So say, if you had chronic migraines, as an easy example. The doctor would send paperwork to your employer saying your FMLA is one event per month for up to two days per event. You need a copy of what your doctor filled out. If it's insufficient you will need to resubmit it.

Keep in mind FMLA is limited per year. I believe it's 6 weeks total.

ceres

12 weeks, I think. We just looked into this. You use up all your given time first and the rest is unpaid. They just can't fire you.