My question involves labor and employment law for the state of: Ohio
I meet all eligibility for intermittant FMLA for care of a family member (my wife has a seizure disorder, we have 2 <10year old children, she is unable to care for herself or them for hours after a seizure). Wife's father and adult daughter can usually help, so much of my FMLA time is used in 1 - 3 hr increments, the time it takes for them to show up before I can leave for (or return) to work.
Doctor has declared on the FMLA forms her condition is permanent and intermittant, with full detailed diagnosis attached. Company only grants the leave for 6 months before requiring recertification. Actual time taken averages 8 scattered days a year, and 20 additional episodes involving 1 - 2 hour absences. Company leave policy requires using paid leave first (vacation is my only paid leave). Supervisor has "considered" adding up the intermittant hours and each time it accumulates to 8 hrs, paying for a day and taking a day of vacation.
Vacation pay is contractually based on the average weekly hours worked over the previous 12 weeks (for me, averages to 60 hrs straight time pay) so if I could take the time as an actual vacation I would be paid based on quite a bit more than the 40hrs/week rate. Contract does not address any exceptions to the averaged income for vacation provision.
Questions:
1 - Can they add up the short absences to accumulate the 8 hrs to take a vacation day? 2 - Can they pay based on the much lower 8hr day rather than the 12 week average? 3 - Can they require more frequent recertifications? (H.R. said that if my FMLA leaves continue I may have to recertify every 30 days?

