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Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 41037
Experience:  30 years in Employment law
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FMLA QUESTION. In illinois. I am having hand surgery April

Customer Question

FMLA QUESTION. In illinois. I am having hand surgery April 18th on dominant hand. I asked for ten days off,using only my sick days, as it will be ten days or more until stitches removed. This is not work comp,but I use my hands all day typing, lifting heavy book bags, grading papers for 150 students. My employer wants me to sign an absolute date of my return on the FMLA request, but I cannot do that. I haven't had the surgery yet and surgeon visit a week after surgery so I will know better then. I modified the form to say AS SOON AS SURGEON releases me. Also they want 15 days notice if I need more time, but I am only requesting 10 days time. I just want to do this correctly. I am sixty and retiring from this job in June. I need my hand better and don't want to delay surgery any longer.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

The FMLA permits employees to take leave on an intermittent basis or to work a reduced schedule under certain circumstances. CFR Section 203)

  • Intermittent/reduced schedule leave may be taken when medically necessary to care for a seriously ill family member, or because of the employee's serious health condition.
  • Intermittent/reduced schedule leave may be taken to care for a newborn or newly placed adopted or foster care child only with the employer's approval.

Only the amount of leave actually taken while on intermittent/reduced schedule leave may be charged as FMLA leave. Employees may not be required to take more FMLA leave than necessary to address the circumstances that cause the need for leave. Employers may account for FMLA leave in the shortest period of time that their payroll systems use, provided it is one hour or less. (See CFR Section 825-205)

Employees needing intermittent/reduced schedule leave for foreseeable medical treatment must work with their employers to schedule the leave so as not to unduly disrupt the employer's operations, subject to the approval of the employee's health care provider. In such cases, the employer may transfer the employee temporarily to an alternative job with equivalent pay and benefits that accommodates recurring periods of leave better than the employee's regular job.

I would ask for 15-20 days off here to ensure you are completely healed.Employer here has a right to ask so as not to unduly disrupt their operations here.If you have doubts about when to return add some days here to protect yourself.

Thanks again for the chance to help today.Have a happy Easter and good luck with surgery.