Extending FMLA work accommodations?
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Extending FMLA work accommodations?
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An employee has been working for the company for four years as a lead supervisor, had to take FMLA days every Friday for 60 weeks to take her ill mother to appointments. At the end of 60 weeks, she returned to work full time and immediately began missing work to care for her mother until all of her allotted vacation and sick leave days were exhausted. She then asked for her Friday leave be extended indefinitely, because her mother’s condition remained serious and she required ongoing assistance.
The firm needs her to be at work regularly because of the increasingly heavy workload, the fact that her job duties are critical, and because other supervisors and employees preferred not to have to cover for her. On the other hand, she is an excellent supervisor and had worked four years for with no problems. In addition, everyone is concerned about her, and her mother’s welfare and wants to be supportive of them.
Questions
1. What are the advantages and disadvantages of extending her leave?
2. If you were the Human Resources Director, would you grant her request? And are there any applicables laws which may apply to her case?
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Michael
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First, it sounds like you should ask in homework help, or do your own work.
But, for what it is worth: The FMLA law says that the entitlement is 88 days per year of unpaid time off. It also says you must work at least 1250 hours to be entitled to FMLA time off. FMLA time from one year does not carry to the next. It is earned each year. However, any illness that is approved one year, can be carried to the next, and that time may be FMLA approved. She would have had 18 days remaining on the previous allotment of time, because that time off was approved for the same reason.
Since she is caring for an ill parent, the FMLA time can be approved. The disadvantage is that employee is not at work when needed. It also means that any other employee who asks for similar time off should have it granted. The department risks having no one there to do the work. Either the department must hire temporary help, or put the work off on the other employees.
I have seen such requests granted. It was in a Union environment, so each case should be taken on its merits. |
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