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  1. #1
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    Nov 2007
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    Indiana
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    Question Employer Deems Intermittent FMLA Days 'Unexcused', in Indiana

    I'm new, so I hope I'm doing this right... My husband was diagnosed with "stress due to employment issues as well as personal issues, Depression, Anxiety & panic attacks" in Aug. 07 & his MD filled out & returned all the FMLA paperwork to the employer. Since then, he has had several visits with the MD & also with a shrink. FMLA papers state internittently, or less than full schedule "on as needed basis" "2-3 days a week for the next 6 months" and "follow up appts, medication, referral to therapy, rest at home". In the midst of an already severe depression, his father passed away in Sept., making the depression worse. He has called in each time he felt the need to miss work & told them he was taking an FMLA day. He has taken 5 days, which they have considered unexcused & recd 'points' which now put him in jeopary of loosing his job, which is causing more stress & more panick attacks! MD recently changed meds & he litterally fell asleep while eating lunch on his lunch break! HELP!

  2. #2
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    Nov 2007
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    Indiana
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    Default Re: Indiana FMLA questions

    I forgot to say they expect him to bring in documentation each & every time he takes a day off. They are also working mandatory 7 days a week, sometimes 10 hour days. The plant is scheduled to close in a couple of months. He has been crying at work, at home, etc., due to all the anxiety & stress.
    How many hours is an employee allowed to miss during 6 months of intermittent FMLA?

  3. #3
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Employer Deems Intermittent FMLA Days 'Unexcused', in Indiana

    As many as the doctor approves, up to the 12 week limit in the statute. Also, they cannot legally ask for documentation for each visit.

    Are you saying he has missed five days total, or five days that they have considered unexcused? If five unexcused days, how much time has he missed total?

  4. #4
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    Nov 2007
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    Indiana
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    Default Re: Employer Deems Intermittent FMLA Days 'Unexcused', in Indiana

    He has missed 5 days total since the FMLA started.
    Part of the original problem was he had an affair with a woman at work & it nearly ended our marriage in early August. We started seeing a therapist, but she was still talking to him & confronting him at his car, etc. Then he almost had a nervous breakdown & the Dr. changed meds, started FMLA, etc. She kept bothering him & the supervisor moved her to another shift. This past week, she was moved back to the same shift as him & started up again... he told her to leave him alone, but he's still very upset & still on the verge of a nervous breakdown.
    He took off last Thursday because of his nerves & again Fri. so he could see the Dr. They changed his meds again, sent him for blood work, etc. He called in both days to let them know he couldn't be there. He was crying most of the night Mon., had to take the new anxiety pill at work on Tues & litterally fell asleep in the lunch room while eating. He came home crying because they had given him a verbal warning for points & told him he will be fired soon. He was so upset he couldn't eat or sleep again, so he called in to take off Wed., too. Meanwhile he can't get in to see the Dr. until Friday, but they tell him he needs to ask 4 weeks in advance for any time off... so he's at work today & thinks he can't take off to go to the Dr. on Friday because he'll get fired - more stress.

  5. #5
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    Massachusetts
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    Default Re: Employer Deems Intermittent FMLA Days 'Unexcused', in Indiana

    is there an HR department?

  6. #6
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    Nov 2007
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    Indiana
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    Default Re: Employer Deems Intermittent FMLA Days 'Unexcused', in Indiana

    Yes, there is an HR dept., and they are also saying he needs a Dr. note for each & every missed day.

  7. #7
    Join Date
    Nov 2007
    Location
    Indiana
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    Default Re: Employer Deems Intermittent FMLA Days 'Unexcused', in Indiana

    His MD called while I was out & has scheduled an intake eval for early Dec. I know my husband will be upset because work will tell him he can't have the day off because it's less than a 1 month notice.

  8. #8
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    Jun 2006
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    Massachusetts
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    Default Re: Employer Deems Intermittent FMLA Days 'Unexcused', in Indiana

    I think your husband needs to call the US DOL and report a potential FMLA violation. It may or may not be deliberate - they may simply not understand how FMLA works. But in any case, from what you say they are very much in violation of the law.

  9. #9
    Join Date
    Nov 2007
    Location
    Indiana
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    Default Re: Employer Deems Intermittent FMLA Days 'Unexcused', in Indiana

    After going back to the Dr. office today, to ask them questions about what the employer can make my husband do, they suggested we both talk to the HR person at his job & if they didn't ammend the points, to call the dept of labor.
    We went down & spoke to her & then a second lady came in on the conversation & between them they both said he is in violation of their company policy which over rides the FMLA policy.
    They say that Just because his FMLA paperwork reads:
    3. boxes 2 & 4 are checked
    4. stress due to employment issues as well as personal issues, depression, anxiety, & panic attacks
    5. a 8-24-07
    5 b on as needed basis
    5 c currently under stres
    6.a. 3-4 appts with Dr.___ and any number of appts with therapist
    6.a pt 2. on going appts, follow up appts as well
    6.b. Counseling sessions provided by ___
    6.c. follow up appts, medication, referral to therapy, & rest at home
    7 a yes
    7 b n'a
    7 c yes
    ...doesn't mean they have to let him have that time off without giving him points... and still means he has to bring a Dr. slip for each & every time he misses work.

    8 a. n/a
    8 b. n/a
    8 c. 2-3 days a week for the next 6 months

    We've called & left a voicemail message at the Dept of Labor... how long does it usually take for them to return a call? What if he looses his job in the meantime? He really wants to keep the job, but just needs a little extra time to deal with all the stress he's had... and the Dr. told us he has 6 months to get it under control... in the FMLA paperwork.
    Help!

  10. #10
    Join Date
    Jun 2006
    Location
    Massachusetts
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    Default Re: Employer Deems Intermittent FMLA Days 'Unexcused', in Indiana

    Well, to start with, their HR department is wrong, wrong, wrong. FMLA is Federal law; no company policy can override Federal law. These babies are going to be in for a very rude shock one of these days.

    Normally when I've called the DOL I've gotten a call back in only a couple of hours, never longer than the next day. But different local offices can vary depending on how backed up they are.

    If he loses his job before this is resolved get thee to an attorney, go. In fact, that might not be a bad idea anyway, while you're waiting for the DOL.

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