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I have a question regarding FMLA leave. My employer is trying…

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I have a question regarding...
I have a question regarding FMLA leave. My employer is trying to say that they define the guidelines as to my time off based upon their needs, that it is up to my supervisor when I come back and how long I work. I have a physical disability and gave birth recently to a preemie, 2.7 lbs, so I myself had medical issues, short-term disability, and would like to take maternity leave. My employer says I have to come back. Isn't FMLA a Federal law and employers do not set the guidelines for what I am allowed to do. What exactly am I allowed under the law?
Submitted: 8 years ago.Category: Employment Law
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Answered in 22 minutes by:
6/10/2010
Employment Lawyer: AttorneyTom, Lawyer replied 8 years ago
AttorneyTom
AttorneyTom, Lawyer
Category: Employment Law
Satisfied Customers: 9,176
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According to the Family Medical Leave Act of 1993, an employer must provide 12 weeks of unpaid, job protected leave to care for certain relatives when seriously ill or when an individual is ill himself. However, this only applies to employers with fifty or more employees. Further, it only applies to employees who have worked for the employer for more than a year and a total of no less than 1250 hours.

Provided an employer and an employee are both covered, provided FMLA leave is not optional for an employer. For covered employers and employees, it it is mandatory for employers to offer FMLA leave.

FMLA Leave
http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

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Customer reply replied 8 years ago

Meeting the criteria for coverage is not in doubt. Having said that, how much say so does my employer have in determining when and how I will take my FMLA. I myself have a disability, my medical leave was prompted by an emergency premature birth. My child is still in the hospital and requires my care and bonding. So, I am addressing my medical needs and the ongoing needs of my child. My child will not be ready to come home until July and I would like to start using my leave then, all 12 weeks. My employer, however, says that my boss gets to decide my flexibility in this area. I want to take my full 12 weeks. My employer wants me to start back NOW part-time and care for a preemie at the same time. Still unsure how much input my employer is allowed in determining how I take my FMLA.

Employment Lawyer: AttorneyTom, Lawyer replied 8 years ago

Please Note: I receive no salary or hourly wage. I do not get paid anything at all unless you click Accept. Clicking Accept simply applies your current deposit to this question and will not result in additional charges to your credit card. If you are a monthly subscriber to JustAnswer, clicking accept does not cost you anything additional. Please respect the Honor System and click Accept when you are pleased with the quality of the response so that I am compensated for responding to your question.

FMLA is determined based on the needs of the employee and is not a matter of discretion for the employer. Provided the employer gives the employer the necessary notice (when notice is possible), the employer must provide notice as is necessary to help a mother care for a seriously ill child or for child birth. You may wish to have your attorney evaluate the details of your circumstances and negotiate with your employer if necessary.

Please remember to click Accept and leave Positive Feedback so that I will receive credit for my time and effort spent responding to your question. Bonuses are always greatly appreciated. Clicking accept does
not close the question and you are still welcome to ask follow-up questions if you need clarification.

Sincerely,
T-USA

_____________________________________


Disclaimer: By engaging in this correspondence, you agree to and understand the following:
No attorney-client relationship is formed through this correspondence. The following information provided for educational purposes only and is not legal advice/legal services. Correspondence through JustAnswer is visible to the public and is not confidential. T-USA is not familiar with your situation and could not possibly provide legal advice/legal services through JustAnswer. T-USA does not claim to be licensed to practice law in your state. The information provided in this correspondence cannot and should not be relied on for legal purposes.
If you need legal advice/services you should visit a local attorney as soon as possible. You can find a local attorney at
Lawyers.com, Martindale, a Local Lawyer Referral Service, or a Local Legal Clinic (if you cannot afford an attorney).

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