FMLA - first time
gregoryscott
10 Posts
Our organization is dealing with its first ever FMLA request. All the facts clearly show that FMLA applies. EE has exhausted her banked PTO months ago for reasons unrelated to current request. Current request is for intermittant leave of 2 days off per week to care for mother on chemo.
We'll let her do any 2 days she wants--but once she tells us which 2 days, we want to stick with that schedule. We don't want this to change week-to-week for planning purposes. Can we require a schedule?
We'll let her do any 2 days she wants--but once she tells us which 2 days, we want to stick with that schedule. We don't want this to change week-to-week for planning purposes. Can we require a schedule?
Comments
It really depends on what the medical provider indicates is necessary. Kemo treatments schedules do not necessarily tie to a weekly calendar - the mom's Dr will determine this.
>We'll let her do any 2 days she wants--but once
>she tells us which 2 days, we want to stick with
>that schedule. We don't want this to change
>week-to-week for planning purposes. Can we
>require a schedule?
Yes, no, maybe, depends......
The REGS state that an EE needing intermittent time must attempt to schedule leave so as not to disrupt the ER's operation.
Without knowing all the facts in your case such as who is going to care for Mom the other days, it may be very difficult for this EE to give you a definitive schedule too far in advance. We just went through a similiar situation with one of our EEs, (we were very flexible with scheduling) and they worked with us and we with them on a weekly/daily basis.
You do have the option of transferring this EE to an alternative position that would be less disruptive to your business, as long as there is equivalent pay and benefits.
Good Luck!