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  1. #1
    Join Date
    Mar 2008
    Posts
    176

    Default FMLA And The Employer

    My question involves labor and employment law for the state of: PA

    I personally am very familiar with the laws pertaining to FMLA. 12 yrs ago, I was the first one to use it at my company. my child was 10 and had cancer. It was the best thing they could do for me! I took intermitent leave and it worked fine. NOW! I am with a different company and the same child now has lung and heart cancer. They are telling me after I have supplied all the medical information regarding my child, all the forms and so forth......that HR is telling me that they need to talk with my manager to see if they can accomadate my request for intermittent leave. I thought that this is a federal law and they have no choice.

    What do they do if they can not accommadate me? All I want is to be able to take off and not use all my vacation time to go to doctor's appointments.....which is about once every 3 weeks and if surgery, then of course time to be with child in the hospital.

  2. #2
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: FMLA And The Employer

    They have to allow you to take intermittent FMLA leave as long as you meet all the requirements for FMLA. However; when requesting intermittent leave that is foreseeable based on planned medical treatment, the employer may require the employee to transfer temporarily to an available alternative position offered by the employer for which the employee is qualified and that (1) has equivalent pay & benefits & (2) better accommodates recurring periods of leave than the regular employment position of the employee.

    However, a son or daughter must be (1) under age 18 or (2) 18 yrs. of age or older & incapable of self-care because of a mental or physical disability.

    I wish the best for your child.

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