Does anyone know about FMLA laws for MS?

Question

I work at a job were I was given FMLA. My understanding is that this was to be 12 weeks of time that I am able to be off and not loose my job. I did not need a set 12 weeks. My husband has cancer. I missed days covered under FMLA. The HR department took off 10 hours of FMLA time each day I missed since my shifts are 10 hours. The 12 "weeks" eventually ran out in less than 8 weeks in actually business days. Does any one have any idea about the law?

Answer 1

Under most employment laws, consideration is first given to a work day, then a work week and so on.

However, when someone works a voluntary 10 hour work day (four days a week?) then the extra day off compensates, and no overtime rules are applied.

I used to work three 12 day shifts a week in California (strict wage laws) and got paid for a fourty hour week.

Had you ever said you "didn't" want to work that shift?

If you accepted it without complaint, then it would seem that your employer is being fair under the law.

IF you were getting three days off per week, then you would continue to get those days off.

So, even though the total of work days was less than twelve weeks, the total of weekend days was MORE than the usual 24 in 12 weeks...it was 36.

So, it should all even out.

In other words, if they charged you for ten hours a day and only credited you with two days off a week, THEN it would appear that they violated the spirit of the law, and you might have a reason to complain with the local or state employment authority.

Surprise! Under the FMLA law, your personnel (human relations) dept HAS to tell you where to file a complaint. So, you don't have to search for the answer.

I hope all works out fairly for all concerned.

Answer 2

In your situation, four ten hour days constitutes a week. The HR department is technically correct. Since FMLA is a federal law, they probably do not have much discretion in how the law is applied. Each employee must be treated equally. So if they cut you a break, they may be opening up to a discrimination claim from another employee.

My wife has RA, and she faces the same situation. Remember, they are not required to fire you after the FMLA is over. They still may be willing to work with you under the circumstances. Perhaps you could do some work from home?

Good luck.

Answer 3

Yes, they can do that. They can indeed calculate 12 weeks worth of pay at 12 weeks worth of hours at a "normal" job (8 hour day). You should apply for public assistance, and get the help of your husband's physician. There are PLENTY of resources available to you.

Answer 4

google it. also, try going to the ms job service web site