I have a question about FMLA which I am on but on an intermitted basis.

Anonymous

March 10,2023 at 12:32PM UTC

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I have a question about FMLA which I am on but on an intermitted basis.

I am an exempt employee with a vital job (Controller) I must be able to close our monthly books, process the bi-weekly payroll and answer questions from our auditors.

For the last 3 years I was able to work from home on a as needed basis. The majority of my time is in the office except when I have a doctor appt., physical therapy of take medicine that makes me too sleepy to drive.

Yesterday I was informed by the HR Director that working from home is against company policy (even though it is never mentioned in the written policy.

She I must use sick, personal or my vacation for all hours away from the office and not on the clock. (They make all employees use a time clock). Even though it doesn't matter how an exempt employee is paid.

They are going to count all my hours away from the house as hours towards the FLMA limit.

Does this mean the vacation hours I use settle my mother's estate are counted towards FMLA?

BTW I am in Texas if that matters.

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AnonymousMarch 10,2023 at 2:45PM UTC
FMLA is complicated.
I would defer to an HR professional but I believe a company CAN have you take vacation and sick leave toward your FMLA allotment. Definitely sick leave. And then when you run out of leave, what FMLA does is protect your job for the duration of the FMLA. You may receive leave without pay at that point. They cannot fire you based on your FMLA absences while covered. Once you've allotted all the hours accorded to you by law-- federal is 12 weeks in a 12 month period, I doubt Texas is more generous than that-- you may be out of luck.
Here is info on the law: https://www.dol.gov/agencies/whd
Reading between the lines, someone is getting tired of the duration of your intermittent FMLA and taking action to bring this to a close. FMLA is for caring for others or yourself, but not settling estates. That would be vacation time. So if you took vacation for that it should not accrue to your FMLA. Vacation time taking care of your ailing mother could be counted -- I believe, not certain-- this could be more company policy based.
I once had an employee who opened countless mostly-intermittent FMLA cases-- for her (multiple reasons), her kids, etc. We were understanding at first but as time went on our clients were seriously impacted by continuously rescheduled appointments and her colleagues stressed and overworked by her absences. I did start to carefully count the total hours she was out so that we could officially end her FMLA. Fortunately, she was away without leave (again), and quit upon receiving another written warning. (She had a habit of leaving without telling anyone...)
As far as work-from-home, whether or not there's a written policy, that's up to your employer's discretion.
AnonymousMarch 10,2023 at 3:45PM UTC
Now that you've been informed that work from home has been canceled by your employer, you need to find out exactly what qualifies as FMLA and how much you have left. I think there are experts at your state labor board or employment development office that you can ask.
I have to agree with the prior poster, your employer might be trying to but some clear guidelines and boundaries in place so you aren't outside what they deem as a accepted work schedule. They may be looking to manage you a bit more strictly.
AnonymousMarch 11,2023 at 4:39PM UTC
I've been away from Texas for a while now, but I believe it to be a "right-to-work" state, which, contrary to how it sounds, is more beneficial to the employer than the worker when an employer is trying to bring disciplinary action. Since you are exempt, are you officially full-time and still collecting a full-time salary, or are you part-time and paid hourly? Since your medication makes it impossible for you to drive safely, do you have any alternatives you can afford, like public transportation or carpooling and paying someone part of their gas and maintenance? Generally, taxi/Uber/Lyft service is too expensive unless you are a corporate executive. If you could make it in a day or two a week this way, they might be more likely to cut you some slack on the WFH. Other than that, I agree with what the others posted below.
LauraMarch 11,2023 at 7:13PM UTC
I am salaried. I could take Uber but that is expensive. BTW I have only been off 1 day for physical therapy and doctor so far!
SunshineMarch 12,2023 at 12:27PM UTC
FMLA protects your job. It doesn't matter what state your in. FMLA is a federal benefit. Please go to your Healthcare provider and ask that they update the time you need away for your illness. You can even ask if they can have you work remotely if its unsafe for you to drive. I reside in Texas as well and have seen both sides of the coin meaning I have administered FMLA and have been on FMLA myself. Being in an at will state does not matter, most states are an at will state.
SunshineMarch 12,2023 at 12:31PM UTC
They should only be counting the hours that were used for your illness towards FMLA hours. Please contact the labor department because it sounds like you are working for an unethical company. Also, educate yourself. Knowledge is power, look up FMLA, what it covers and the backlash a company can recieve if they violate your rights.
Ambar PiconMarch 12,2023 at 3:02PM UTC
There is a lot going on here that needs to be further investigated. I would get with HR and ask them for the FMLA policy on a federal and state level. They should advise under which one you qualify, perhaps both, and for what reasons. You may also need to call DOL to ensure everyone is doing things right. You may have to provide documents from your doctors of the need for intermittent leave. Aside from that, at a high level, WFH is not the same as taking intermittent FMLA. If you were still working but in a Home setting, that isn’t FMLA. In that respect, your employer can require you to come to the office. Similarly if you couldn’t drive but you’re able to work, that’s your responsibility to find alternative transportation. Overall, you need to be proactive and reach out to resources to understand your rights and make sure you have your i’s dotted and t’s crossed.