FMLA....one day a month

EPC

New Member
I started a claim for intermittent leave because my wife has sickle cell and has to get blood transfusions once a month. Instead of making her go to the doctor alone, under the FMLA I would go with her. And God forbids if she has a pain crisis, I can rush her to the ER, if needed, and not be penalized. But as for the one day a month I'm going to take off for her blood transfusions, can I choose that day to be unpaid or do I have to exhaust my vacay, sick and personal days?!?
 

Benben

Working on a new degree, Masters in BS Detecting!
Just call the days you need off! You do not have to burn the vacay, sick or personal days.
 

EPC

New Member
Just call the days you need off! You do not have to burn the vacay, sick or personal days.
That's what management told me the other day, that I would have to use those days, but Aetna told me I didn't. That's what I assumed but wanted to be 100% sure before next month or if anything happened
 

rod

#1 on Upstates "list"
That's what management told me the other day, that I would have to use those days, but Aetna told me I didn't. That's what I assumed but wanted to be 100% sure before next month or if anything happened
Management will tell to anything to keep you working. The bottom line is take care of your wife -- don't worry if you have to take a sick day or personal day.
 

zubenelgenubi

Well-Known Member
That's what management told me the other day, that I would have to use those days, but Aetna told me I didn't. That's what I assumed but wanted to be 100% sure before next month or if anything happened
From the DOL website:

"(Q) Is my employer required to pay me when I take FMLA leave?

The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid vacation leave, paid sick or family leave for some or all of the FMLA leave period. An employee must follow the employer’s normal leave rules in order to substitute paid leave. When paid leave is used for an FMLA-covered reason, the leave is FMLA-protected."
 

bumped

Well-Known Member
That's what management told me the other day, that I would have to use those days, but Aetna told me I didn't. That's what I assumed but wanted to be 100% sure before next month or if anything happened
Every state has different rules regarding FMLA. I believe in my state after the first 10 days on FMLA the company can use vacation days as long as you haven't used them all up.
 

Sweeper

Where’s the broom?
Every state has different rules regarding FMLA. I believe in my state after the first 10 days on FMLA the company can use vacation days as long as you haven't used them all up.
Here you had to use all your paid days except for one week. You’re spot on regarding every state being different.
 

Indecisi0n

Well-Known Member
Here you had to use all your paid days except for one week. You’re spot on regarding every state being different.
This is accurate .

Do NOT just call out and use PTO time . You can be disciplined for this .with FMLA they can't say :censored2: . Do yourself a favor and get on FMLA to protect yourself . The last thing you want to deal with is fighting fof your job and have a sick wife at home .
 

1989

Well-Known Member
This is accurate .

Do NOT just call out and use PTO time . You can be disciplined for this .with FMLA they can't say :censored2: . Do yourself a favor and get on FMLA to protect yourself . The last thing you want to deal with is fighting fof your job and have a sick wife at home .
I could use FMLA or sick time.
 

Wally

BrownCafe Innovator & King of Puns
I started a claim for intermittent leave because my wife has sickle cell and has to get blood transfusions once a month. Instead of making her go to the doctor alone, under the FMLA I would go with her. And God forbids if she has a pain crisis, I can rush her to the ER, if needed, and not be penalized. But as for the one day a month I'm going to take off for her blood transfusions, can I choose that day to be unpaid or do I have to exhaust my vacay, sick and personal days?!?
What job do you do? Maybe you can work another day to take off?
 

zubenelgenubi

Well-Known Member
FMLA is a federal law, and it applies to everyone the same. Each state can have it's own medical leave act, but in cases where state and federal law overlap, the law that has better protections for the employee generally supercedes the other. For example, the federal minimum wage is the lowest an employer can pay their employees, unless the state they are in has a higher minimum wage than the federal one.
 
F

Frankie's Friend

Guest
Once a month will not exhaust all your fmla days for sure.

You get 12 weeks per calendar year so once a month will only use up 2 weeks of vacation from March to the end of the year.

Keep a good track of your days and spent vac time. Accrued days used can get "creative" at times.
 

542thruNthru

Well-Known Member
Once a month will not exhaust all your fmla days for sure.

You get 12 weeks per calendar year so once a month will only use up 2 weeks of vacation from March to the end of the year.

Keep a good track of your days and spent vac time. Accrued days used can get "creative" at times.
You sure you're not thinking of FMLA for a child?

We have people that will use like 6 months or more of FMLA.
 
F

Frankie's Friend

Guest
You sure you're not thinking of FMLA for a child?

We have people that will use like 6 months or more of FMLA.
No, fmla for an individual or primary caregiver is 12 total weeks from Jan1-Dec 31 here.

An individual can even get their day reduced in hours and it is computed to equal X amount of days when compiled but it must be signed off by an attending physician.
 

zubenelgenubi

Well-Known Member
You sure you're not thinking of FMLA for a child?

We have people that will use like 6 months or more of FMLA.
California seems to have a few different leave laws, but not entitling anyone to that much leave. Perhaps UPS is approving the extended leave? Maybe the employees are combining workers comp with fmla?
 

542thruNthru

Well-Known Member
California seems to have a few different leave laws, but not entitling anyone to that much leave. Perhaps UPS is approving the extended leave? Maybe the employees are combining workers comp with fmla?
They are usually injury related. We have a driver that claims a back injury. He uses FMLA for most of the year. Only comes in maybe a total of 3 or 4 months a year. We actually have at least 4 guys that do this. Probably triple that amount of people in the building.
 
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