Re: FMLA/Intermittent Family Leave

January 8, 2008

Hi,

This is, sorry to say, a very legal issue. In a former life, I was an

HR Director (for 20+ yrs) so let me at least give you an HR answer.

First of all, until you've been there for a year, any discussion about

FMLA is moot. If you were covered by FMLA, yes, you sounds like the

situation you're describing would mean that you're qualified to take

intermittent leave (given that you can get all your required paperwork

filled out by the medical powers that be, which I'm sure you can). But

that leave will be exhausted at some point. There are a whole lot of

little technical issues here, as well, but your HR department will be

able to go over those technicalities with you when you're actually

asking for FMLA time off.

I think that the bigger issue is your relationship with your boss,

especially right now. If your HR folks can keep things confidential, I

would go have an " off the record " discussion with them. Is there a

policy about " flex time " for example? I sure sounds like you're working

hard not to impact your job by taking time off for the appointments!

Hope that was helpful,

Brown

--- cjsc91128 wrote:

> Hello,

> I have an issue regarding my child's therapy sessions that I'm

> hoping someone might have some insight into and advice.

> My present employment with this company has only been 7 1/2 months

> so I'm not eligible for FMLA yet. They have a policy on Intermittent

> Family Leave that I have inquired about.

> I realize that my legal remedies are quite limited if I were to be

> dismissed. However, the action that is taking place is retaliation

> for a recent commentary to a Sarbanes Oxley survey that I was

> required to take. When asked if I agreed that I had received

> adequate training to perform my job duties, I did not agree. My

> supervisor is upset with me (and told me so, in private ofcourse)

> that I did this and told me today that I will no longer be allowed

> to leave at 4pm on Thursday and Friday to take my child to

> psychotherapy and occupational therapy. I arrive at work 30min early

> and I work through lunch so I have already made up the time before I

> leave. I have never not put in at least the required 40hrs a week,

> and then some. Prior to this, he agreed to my leaving to take my son

> to these therapies and I am very upset about this.

> We have had a horrible school year in Spring Branch ISD and my son

> has been placed in a self-contained " Adaptive Behavior " unit that

> has never been necessary in the past. Not being able to hire

> representation to fight this placement is hard enough without having

> to discontinue therapies until I am eligible for FMLA. I'm a single

> mom receiving no child support and no public assistance and would

> definitely be devastated if I lost my job due to the moral

> bankruptcy of my supervisor.

> Other than aprising the VP over that supervisor of the situation

> and filing a formal complaint with the HR department where I am

> employed, what can I do? Any input would be much appreciated.

> Thanks,

>

Mark & Brown

ms_nk_brown@...

January 8, 2008

but, it sounds like flex time was already in place with coming in early and

working through lunch. was there anything in writing stating you could come in

early and work through lunch? do you keep timesheets reflecting the times you

come in and leave which would establish your routine? maybe hr and mgr and you

could have a chat so that you could explain the importance of the therapy.

this is really silly. if you're not fully trained, it behooves mgmt to get

you fully trained vs not passing audit which could get the mgr fired, ya know.

(i'm also a little interested in the way the survey was taken. ours have always

been anonymous, to a certain extent, only asking for the dpt not our specific

names so this very situation wouldn't happen.)

Mark & Brown wrote: