taking FMLA on intermittent basis...anyone done this?

Nurses General Nursing

Published

Specializes in rehab; med/surg; l&d; peds/home care.

hi everybody~was doing some searcing here tonight because i know i have seen this discussed here before. i am trying to talk with other people who have successfully taken their FMLA leave in short pieces. i do qualify, (have asthma, lupus, and the biggest problem now is my herniated lumbar discs and spinal stenosis), but the paperwork is difficult to fill out. my doc did it for me, but now my boss is questioning what the days will be i need, etc. i told him i didn't know, as i filed for FMLA as a means of being able to take a few days off work if i need them after a procedure, or when the pain is flaring up, or i have a migraine and can't work. and not have to worry about attendance issues. i will start a treatment plan with physical therapy, massage, and accupuncture next week in addition to pain management.

i know there are nurses here who have done this successfully. can you tell me how you notified your bosses and why you needed to take FMLA this way? i tried looking on the website and printed off some information to keep with me at work about the rules and such. my boss is fighting me, saying i can't take just a few days at a time. i know this is not true. can someone help me here and let me know your experience? did your employer give you grief about it, try to discipline you in other ways, like finding petty things to write you up for? i already missed three days this month, and was written up today, even with doc

thanks!:nurse:

Up Vote Up Vote ×
hi everybody~was doing some searcing here tonight because i know i have seen this discussed here before. i am trying to talk with other people who have successfully taken their FMLA leave in short pieces. i for? i already missed three days this month, and was written up today, even with doc

thanks!:nurse:

If you have completed the required FMLA forms provided by your employer and your physician has signed the forms and they are filed with your HR department, your immediate supervisor is breaking the law. I did this in order to care for my mother in the last months of her life. As you know you are allowed up to 12 weeks per calendar year either consecutively or intermittentlyto deal with your own or an immediate family members' illness. With FMLa, you use up your sick and vacation time first, then your FMLA days are without pay after that unless you qualify for short term disability. You really need to file a grievance about this above the level of the supervisor that is harrassing you. It is absolutely illegal to threaten an individual excerisizing their rights to use the FMLA benefit.This is a federal program. Take this issue to the head of Human resources immediately.

Up Vote Up Vote ×
Specializes in rehab; med/surg; l&d; peds/home care.
If you have completed the required FMLA forms provided by your employer and your physician has signed the forms and they are filed with your HR department, your immediate supervisor is breaking the law. I did this in order to care for my mother in the last months of her life. As you know you are allowed up to 12 weeks per calendar year either consecutively or intermittentlyto deal with your own or an immediate family members' illness. With FMLa, you use up your sick and vacation time first, then your FMLA days are without pay after that unless you qualify for short term disability. You really need to file a grievance about this above the level of the supervisor that is harrassing you. It is absolutely illegal to threaten an individual excerisizing their rights to use the FMLA benefit.This is a federal program. Take this issue to the head of Human resources immediately.

i work in a ltc facility, so there is no HR, closest thing to it is payroll lady and she says she's never heard of people taking it "just when you want some days off". i have multiple "serious health conditions" as described in FMLA literature, and a lot of them, if they flare, i will need a day or two off work, and since i am already getting disciplined for my attendance, i applied for FMLA. most times, it would be like a regular "call off" situation, because if one day i wake up and i can't move with my back, i know there's no way i can work cause i'll need to take my narcotic muscle relaxants and pain control. the only "forseeable" event i would be able to tell them about are injections i would be getting in my nerve roots for the pain, but most any other time for something it would be just like calling in. i printed a bunch of stuff off the internet about intermittent leave. it speaks of a medical certification, which my doc provided, but it was vague, because obviously he doesn't know when i'll get sick and need the time, or how long i'll be off. my administrator is asking for medical diagnosis...there was no place on the forms for that, only that "yes, she qualifies for the serious health condition" clause. i don't want my bosses knowing i have a horrible back problem cause for sure they'll be looking to get rid of me another way. i don't see in the literature anywhere that they need a specific diagnosis. same thing is, i never know when i'll have a nightmare migraine, or an asthma attack, esp this time of the year for me. no one at my place of employment has dealt with FMLA being taken intermittently, so they don't know the first thing about it, which is why i printed off stuff for them to see. so, the person i am having the problems with is my administrator, he is top of the chain where i work.

thanks for your reply!

Up Vote Up Vote ×

I filed for intermittent FMLA for migraines, but my HR deptartment pretty much took care of it for me- they gave me the required papers, I took them to my doc to have them filled out, then handed them back to HR and it was magically taken care of.

Did you go to the Dept of Labor website for info on FMLA to provide to your employer (who should really know these things but clearly does not)? Here's a link : http://www.dol.gov/esa/whd/fmla/ It clearly mentions that leave can be taken intermittently (again, which your employer should know, but seems to be ignorant of)

Hope that helps-

Up Vote Up Vote ×
Specializes in Maternal - Child Health.

If you have trouble getting information on using FMLA on an intermittant basis, try contacting the office of your congressman or senator. We had a parent who needed to use her FMLA in this manner due to her child's extended stay in the NICU, and the local senator's office staff was very helpful in clarifying the issue.

When I worked as a nurse manager, I also had a staff nurse request FMLA on an intermittant basis, following her daughter's serious illness. She basically had to be available on occasion for appointments, therapy. These were scheduled in advance, and she gave me notice of the days she would need off. I am not familiar with an employee using FMLA intermittantly to cover sick days without advance notice. I would imagine it can be done; I'm just not familiar with it.

Up Vote Up Vote ×
Specializes in Vents, Telemetry, Home Care, Home infusion.

As a manager, I've had two staff on FMLA. Once needed continuous time off and just returned yesterday: I had a temp in to replace her the past month. Other staff member is using intermittent leave: she notifies me of scheduled appointments ahead of time or calls me in the morning to let me know of status as caring for terminally ill parent and sudden trips to ER/doctors occurring.

Sounds like a three way converstaion between HR, your manager and you will help clear the air and educate you on this aspect of the law.

I will ask my HR Director if they can provide me with more info.

Up Vote Up Vote ×
Specializes in rehab; med/surg; l&d; peds/home care.
I filed for intermittent FMLA for migraines, but my HR deptartment pretty much took care of it for me- they gave me the required papers, I took them to my doc to have them filled out, then handed them back to HR and it was magically taken care of.

Did you go to the Dept of Labor website for info on FMLA to provide to your employer (who should really know these things but clearly does not)? Here's a link : http://www.dol.gov/esa/whd/fmla/ It clearly mentions that leave can be taken intermittently (again, which your employer should know, but seems to be ignorant of)

Hope that helps-

yes i did the same, my doc filled papers in and i handed them in. did yours state your diagnosis of migraines or did it just say "chronic serious health condition"? i printed out a bunch of stuff off dol.gov site last night, to show my boss. i think they know, they just don't want to have do deal with an employee who has to be absent and not get disciplined (read...fired) for it. thanks for your reply!

Up Vote Up Vote ×
Specializes in rehab; med/surg; l&d; peds/home care.
If you have trouble getting information on using FMLA on an intermittant basis, try contacting the office of your congressman or senator. We had a parent who needed to use her FMLA in this manner due to her child's extended stay in the NICU, and the local senator's office staff was very helpful in clarifying the issue.

When I worked as a nurse manager, I also had a staff nurse request FMLA on an intermittant basis, following her daughter's serious illness. She basically had to be available on occasion for appointments, therapy. These were scheduled in advance, and she gave me notice of the days she would need off. I am not familiar with an employee using FMLA intermittantly to cover sick days without advance notice. I would imagine it can be done; I'm just not familiar with it.

yes, i read on this website a few months ago that a nurse with migraines would call in and take a FMLA day. since you can't predict when you'll get a wicked migraine, i would have not have a whole lot of notice to give, but i would call as soon as i could. now, for my PT appointments and surgeon/pain managment doc procedures and appointments, i let them know in advance. well, of course, my administrator has not yet "approved" my FMLA papers! thanks for you info about calling senator. i might just do that tomorrow morning.

Up Vote Up Vote ×
Specializes in rehab; med/surg; l&d; peds/home care.
As a manager, I've had two staff on FMLA. Once needed continuous time off and just returned yesterday: I had a temp in to replace her the past month. Other staff member is using intermittent leave: she notifies me of scheduled appointments ahead of time or calls me in the morning to let me know of status as caring for terminally ill parent and sudden trips to ER/doctors occurring.

Sounds like a three way converstaion between HR, your manager and you will help clear the air and educate you on this aspect of the law.

I will ask my HR Director if they can provide me with more info.

That sounds like what i would do, just notify my manager/staffing when i was unable to come in. if you find out any additional infor from your HR director, let me know....thanks so much for asking!

Up Vote Up Vote ×
i work in a ltc facility, so there is no HR, closest thing to it is payroll lady and she says she's never heard of people taking it "just when you want some days off".thanks for your reply!

The administrator is not the top of the food chain for you unless he OWNS the facility and few do. Find out the name of the company that owns the facility and contact them. Please clarify- did you fill out specific intermittant FMLA forms and get them signed by your doctor?

Up Vote Up Vote ×
yes i did the same, my doc filled papers in and i handed them in. did yours state your diagnosis of migraines or did it just say "chronic serious health condition"? i printed out a bunch of stuff off dol.gov site last night, to show my boss. i think they know, they just don't want to have do deal with an employee who has to be absent and not get disciplined (read...fired) for it. thanks for your reply!

When my doc filled out the papers, he specified that it was for migraine headaches. My supervisor had actually suggested I file for FMLA to protect my job.

Up Vote Up Vote ×
Specializes in rehab; med/surg; l&d; peds/home care.
The administrator is not the top of the food chain for you unless he OWNS the facility and few do. Find out the name of the company that owns the facility and contact them. Please clarify- did you fill out specific intermittant FMLA forms and get them signed by your doctor?

i got the FMLA forms from payroll lady who handles it, doc filled it out that day (i work with him), and he wrote down that it is unforseeable event for the most part (like if i have a migraine or asthma attack, or my bac pain is unbearable), the papers are very vague and nonspecific. i have taken fmla before over a year ago for two week. but yes, forms are filled out, signed by doc, and given to adminstrator and DON, who think you are not allowed to take fmla "intermittently".

Up Vote Up Vote ×
+ Add a Comment