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  1. #1
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Can FMLA Time Be Counted As an Attendance Hit

    You might want to read through this website. It has some information on ADA and Narcolepsy.

    http://askjan.org/media/Sleep.html

  2. #2

    Default Re: Can FMLA Time Be Counted As an Attendance Hit

    A clerical employee with insomnia had a hard time maintaining concentration on the job and his stamina was often poor because of inadequate sleep. This employee was allowed frequent breaks to help improve his stamina.
    Well there we go. If I had extra scheduled breaks that I could take if I had a fatigue attack, that would solve the issue. Or even more useful: if I had the ability to extend my 15-minute break into a 30-minute break as needed, I wouldn't just be dropping out at any time. I would need to use one of my two breaks. What would happen if I had already used my breaks normally and then had a fatigue attack later in the day? Would that be counted as an attendance strike if I used my FMLA time?

    I'm trying to make sure that I cover every possible circumstance because I want to put all of this very clearly in writing to my company. They've been unwilling to suggest exact terms for any of this, and instead use "at our discretion" or "we will measure and determine" statements.

    Slightly (very) urgent question: Do you recommend that I go back to work stating that I do not consent to letting my FMLA absences count against the attendance policy, or should I stay the course and work on job hunting/documentation/EEOC and WHD complaints?

    Slightly (very) urgent question: Do you recommend that I return to work stating that I do not consent to any FMLA absences counting against the attendance policy, or staying the course and focusing on job hunting/documentation/EEOC and WHD complaints?

    Slightly (very) urgent question: Do you recommend that I return to work stating that I do not consent to my FMLA absences being counted as attendance hits, or should I stay the course and focus on job hunting/documentation/EEOC and WHD complaints?

    Slightly (very) urgent question: Should I return to work stating that I do not consent to any FMLA absence being counted against the attendance policy, or should I stay the course with job hunting/documentation/EEOC and WHD complaints?

    Hm. I don't see my replies posting.

    ...is it updating my last post? I'm going to stop.

    Dare I try posting? Test?

    Test from my phone?

  3. #3
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Can FMLA Time Be Counted As an Attendance Hit

    When your post is the last in thread, any further posts you make in the thread simply gets added to that last post. It won't show as a new post until someone else puts up a post after yours. If you reply now that I have put this up, it should show as a separate post rather than updating the last one.

  4. #4
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Can FMLA Time Be Counted As an Attendance Hit

    I would put into writing with your documentation that you do not agree to FMLA absences being used against you for attendance hits. I don't think it can hurt at this point. If they terminate you for it, you've got a pretty good EEOC or DOL claim (ADA or FMLA)

  5. #5

    Default Re: Can FMLA Time Be Counted As an Attendance Hit

    Don't I feel dumb. It makes sense to keep someone from bumping their own thread. So yes to returning to work, as long as I clarify that I don't agree to my FMLA being counted as attendance hits?

  6. #6
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,678

    Default Re: Can FMLA Time Be Counted As an Attendance Hit

    Asserting that your FMLA doesn't count won't mean that they won't terminate you, it just means that you don't agree with their position. You can file a complaint and perhaps they'll be sanctioned but any relief for you is down the road.

  7. #7

    Default Re: Can FMLA Time Be Counted As an Attendance Hit

    Update: I sent the "I am still able to return to work, and I do not consent to my FMLA absences (regardless of when they occur) being held against the attendance policy." Twelve hours later I got an upbeat welcome back letter. So for now, I'm back at work. I'm calling the EEOC office to talk to them about a complaint, and we'll see what happens from here.

    Thank you for your help, everybody.

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