Intermittent FMLA

[Gena]

Does anyone use FMLA on an intermittent basis to care for their special needs child(ren) when the regular childcare is not available? If so, can you share how you and your employer have worked this out?

[weech]

I know this isn't totally related, but I used FMLA to take care of my mom intermittently. I had to fill out an application at work and get it approved for FMLA, and then when I used sick leave for taking care of my mom, it was taken out of my FMLA "bank" (12 weeks?) concurrently with my paid sick leave time. There was no negotiation or anything needed because it easily falls within the rules of FMLA.

[egoldber]

I have not used it that way, but I had a colleague who used intermittent FMLA leave to take her daughter to periodic chemo treatments for several months.

Like the PP said, there isn't really a negotiation needed as long as it is for an FMLA qualifying reason. And a quick Google says that caring for a child with autism is a qualfying reason.

[JustMe]

I have not done this, but will be watching in case anyone has any info to share. I agree that it is legal to do so (in fact I know of someone who was fired due to attendance, and she got her job back as the reason for her poor attendance had to do with taking her child to medical appts), but I can imagine that it is quite challenging in some cases.

For me, my employer allows me to work 35 hrs, instead of 40. It works well enough for getting dd to appts and such...but when the agency feels they want/need me to work 40 they will change my position to 40 (I actually used to be 30 and they bumped me up to 35 due to need). Working 40 would be really difficult given dd's appts and other factors...so, I would like info too. I have asked my local state disability agency about this, but didnt get a good answer.

[Gena]

Thanks all.

DH is the one applying for FMLA, but I'm handling all the paperwork for him. I started a new job in January, so I'm not eligible for FMLA and it's really hard for me to take vacation days yet, so DH is handling all of the extra days off and the doctors' appointments. However, DH's HR department (local office) acts like they've never heard of intermittent leave and all they seem to know about FMLA is what's in the pamphlet they hand out. We faxed all the paperwork to the corporate office last week. They have 5 business days to make their decision about his eligibility. The staff at the corporate office seem very knowledgable. We're not worried about DH getting approved, because the care DS needs meets the requirements of the law. We are just not sure how the local office HR/management will handle things, since they seem so clueless.

[trcy]

A friend of mine has intermittent FMLA for her own health problems. As PP said, when she needs time off for her health issues (appointments, ect) it comes out of the 12 week FMLA bank. Good luck!

[egoldber]

Also, in some work places, they prefer you to exhaust your paid sick/other leave bank before using FMLA. But that is not a requirement and you don't have to (although some people may prefer to). I didn't want to do this because my vacation and sick leave rolls over. And I also did not want to use my "regular" leave for vacations and regular appointments and end up having to try and use FMLA for those times.

[o_mom]

Also, in some work places, they prefer you to exhaust your paid sick/other leave bank before using FMLA. But that is not a requirement and you don't have to (although some people may prefer to). I didn't want to do this because my vacation and sick leave rolls over. And I also did not want to use my "regular" leave for vacations and regular appointments and end up having to try and use FMLA for those times.

Are you sure about that, Beth?

I thought they could require you to use any paid leave first (although they don't have to and they may have a policy that does not require it):

http://www.dol.gov/whd/regs/compliance/1421.htm



Substitution of Paid Leave
Employees may choose to use, or employers may require the employee to use, accrued paid leave to cover some or all of the FMLA leave taken. Employees may choose, or employers may require, the substitution of accrued paid vacation or personal leave for any of the situations covered by FMLA. The substitution of accrued sick or family leave is limited by the employer's policies governing the use of such leave.

[mytwosons]

FMLA is not paid leave. It simply protects your job and benefits, and runs concurrently with any available sick or vacation time an employee has available. If the employee wants to use unpaid time-off, that is usually fine, but most people want to use their sick or vacation.

Gena, I would ask corporate if they have an online tutorial. I know my company does and staff and managers without a lot of FMLA experience have found it very useful. I currently use intermittent FMLA to care for my parents. Whenever I need to take them to an appointment or they are sick and need me to care for them, I take sick time (I'm allowed to use it for ill family members) and also code is as FMLA. I'm a non-exempt employee, so only report my time out on half-day increments. So, if I need to leave work 1.5 hours early to take my mom to a Dr's appt., I just make up the time and don't record any sick or FMLA.