Browsing: FMLA

Q & A Session – FMLA in Regards to Childbirth

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I will be having my first child and becoming a father soon. Can I use FMLA intermittently? It looks like from the Department of Labor information I found, you may but it is subject to the employer’s approval. I requested to use one week of leave when the baby is born and eight additional weeks a couple of months later. I also requested an additional week months following that for…

Q & A Session – FMLA Violation?

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I am a current federal employee. I have allergic asthma and was granted FMLA three weeks ago. I became ill recently and needed outpatient hospital treatment. I was scheduled for vacation the following week. Due to the severity of my asthma, my pulmonologist wrote me off work for two weeks. During these two weeks, my supervisor called to check on me and asked if I was at home. I feel…

Q & A Session – Earning Annual Leave

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I have a serious medical condition, and, because of this, I have had to use all available sick leave, advanced sick leave (currently being paid back each pay period), and my annual leave as I earn it. During the last pay period, I took 8 hours annual along with FMLA leave as I have been doing for several months; however, I received notice that I did not have annual leave…

Q & A Session – Refused Sick Leave to Care for Sister

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I was recently refused sick leave under FMLA to care for my sister who is suffering from breast cancer and severe depression. I have also appealed the refusal to my manager’s supervisor. Can they do this? A: “Sister” is not a covered relationship under the Family and Medical Leave Act (FMLA). To be covered, the relationship must be a spouse, parent or child. FMLA generally must be requested in advance…

Q & A Session – Using FMLA Leave

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I am a leave manager and would like some additional guidance on when to notify employees of their FMLA rights and when they should invoke their rights. What if a pregnant woman has accrued two months of leave but hopes to take three months off to care for her newborn, when should I encourage her to invoke her FMLA rights? A: The Office of Personnel Management’s rules governing FMLA guidelines…

Q & A Session – FEHB Coverage and FMLA When Furloughed

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: If the government shuts down, would furloughed employees retain their Federal Employee Health Benefits coverage? If a federal employee were on FMLA leave during a furlough, would the time on the furlough be deducted from the leave time? Can a federal employee use accrued paid leave during a furlough? A: In the event of a government shutdown, the Office of Personnel Management has assured employees that even if they are…

Q & A Session – FMLA Eligibility

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: Does a federal employee have to work for the same agency for 12 months in order to be eligible for FMLA? Could previous military service be considered for the 12-month requirement? A: Yes, federal employees must have 12 months as an employee. Prior military service does not count. Bill Bransford is managing partner of Shaw, Bransford & Roth, PC. Disclaimer: Ask a Lawyer publishes information on this website for informational…

Q & A Session – FMLA Notice Requirements

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: A private sector company has a “no-fault” policy regarding unplanned leave.  The company’s policies require an employee must call in at least one hour before the start of their shift.  An employee will receive an attendance “demerit” for the unplanned absence if they call in at least one hour before the start of their shift, but will receive both an attendance demerit and a write-up if they do not call…

Q & A Session – Denying FMLA without Medical Documentation

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: If an employee requests FMLA and has enough paid time off, but will not tell his or her supervisor the medical reason, can the supervisor deny FMLA? A: Yes. OPM regulations permit agencies to request medical evidence to support an FMLA absence that is based on the employee’s serious health condition. Please read my previous Ask the Lawyer column regarding FMLA at http://blogs.federaltimes.com/federal-law/2010/07/25/must-i-grant-this-fmla-request/ for more information. Bill Bransford is managing…

Q & A Session – Retroactive FMLA

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience. Q: I have an employee who was out on sick leave, but never requested FMLA protection. Can an employee ask for retroactive FMLA? A: A qualified employee may use up to twelve (12) workweeks of leave during any 12-month period for a serious health condition that makes the employee unable to perform the essential functions of his or her position.  5 CFR § 630.1203(4).  In order for an absence to qualify…

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