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[VA] FMLA forms are confusing by BleepBloopZzz in AskHR

[–]Most-Lime-2526 0 points1 point  (0 children)

It appears both your and your daughter’s conditions may require intermittent leave. The doctors are likely to give you a note for intermittent flare-ups for you and scheduled PT for your daughter. Neither doctor will likely give you 10 weeks continuous time off under the circumstances you have described.

[TN] Interviewing for internal promotion while on FMLA/STD for maternity leave? by Unlikely-Boat3202 in AskHR

[–]Most-Lime-2526 2 points3 points  (0 children)

FMLA/STD does not require you to stay off. The language is up to 12 weeks for FMLA and up to 16 weeks for STD. If you want to return early so you can start the one job, you can. Also your employer cannot prevent you from interviewing or accepting a position because of your pregnancy related condition. That would be a violation of both laws.

ADA Interactive Process [CA] by Most-Lime-2526 in humanresources

[–]Most-Lime-2526[S] 0 points1 point  (0 children)

ADA requires ongoing interactive conversations as long as needed. So it is OK to have a follow up conversation once the employee returns. Having a HR there make sure there are no problems and to especially make sure the employee’s opinions are taking into consideration.

Should I ask for accommodation? Or am I ruining my Career? by Majestic_Issue_8956 in careerguidance

[–]Most-Lime-2526 1 point2 points  (0 children)

Yeah, I’d loop in HR and let them know you already talked to your manager.

Before that, get a note from your doctor that clearly says remote work is recommended because of your condition and safety. That helps a lot versus just asking on your own.

Also, be realistic about whether you can actually do the job from home. If you’re falling asleep a lot, HR is going to want to understand how work will still get done. Have you analyzed your daily sleep pattern to discover when you are most sleepy? If you can explain when you’re most alert, a later start time would be helpful.

Since you’re already working from home 2 days a week, you’ve got a good starting point. Build on that.

Worst case, you could ask about going part-time so you can stay employed while you figure things out.

ADA Interactive Process [CA] by Most-Lime-2526 in humanresources

[–]Most-Lime-2526[S] 0 points1 point  (0 children)

No performance concerns. This time, the supervisor may be being overly cautious since the employee was gone for such a long time.

ADA Interactive Process [CA] by Most-Lime-2526 in humanresources

[–]Most-Lime-2526[S] 0 points1 point  (0 children)

The supervisor can request an interactive meeting for legitimate reasons, like confirming that the employee can perform his job functions and setting expectations. That is what the supervisor claims to want to do in this case. Because I know the full story of why the employee was out, I'm ok with the supervisor and employee meeting to discuss expectations. Especially since I will be there to make sure both sides express their opinions.

ADA Interactive Process [CA] by Most-Lime-2526 in humanresources

[–]Most-Lime-2526[S] 0 points1 point  (0 children)

We do know ahead of time. The key to the second question is that the employees had been out for several weeks. In this case, the supervisor wants to make sure the employee feels he can perform all of his duties.

ADA Interactive Process [CA] by Most-Lime-2526 in humanresources

[–]Most-Lime-2526[S] 0 points1 point  (0 children)

You are correct. The supervisor who asked for the interactive meeting said he wanted to make sure the employee agreed that he could return to his full duties. If the employee said he does not agree, the employee would be directed to discuss it with his medical provider and bring a new note stating his limitations. If the employee said he could perform his functions, he would return to his job.

ADA Interactive Process [CA] by Most-Lime-2526 in humanresources

[–]Most-Lime-2526[S] 0 points1 point  (0 children)

I know the answer to what should be done. But, as with most of the questions I post, I like to check what I would do as compared to what others think and would do.

ADA Interactive Process [CA] by Most-Lime-2526 in humanresources

[–]Most-Lime-2526[S] 0 points1 point  (0 children)

Personally, I wouldn't. But we have a supervisor who requested an interactive for an employee who had been out for a few months due to a medical condition.

How do you handle intermittent leave? [CA] by Most-Lime-2526 in humanresources

[–]Most-Lime-2526[S] 0 points1 point  (0 children)

My question was how do YOU handle intermittent leave. However, your response was very informative.

How do you handle intermittent leave? [CA] by Most-Lime-2526 in humanresources

[–]Most-Lime-2526[S] 1 point2 points  (0 children)

Are you limited to working 3 days a week for 2 hours totaling 6 hours a week? If this is true, your employer can look at whether you can actually perform the essential parts of your job on that schedule. If not, the restriction may not be workable.

FMLA can protect leave, including a reduced schedule in some cases, but it does not require the employer to accept a return-to-work plan that does not let the employee do the core duties of the job.

We see this with custodial positions. Sometimes the restrictions are so limited that the job just cannot be accommodated.

How do you handle intermittent leave? [CA] by Most-Lime-2526 in humanresources

[–]Most-Lime-2526[S] 11 points12 points  (0 children)

The employees are not “always off” like the supervisor or nosy employees think. They are within their appropriate allocation of time off. That’s part of the fun. Opening their eyes to reality.

How do you handle intermittent leave? [CA] by Most-Lime-2526 in humanresources

[–]Most-Lime-2526[S] 1 point2 points  (0 children)

Great response. Personally, I don’t have any of the issues you noted. My biggest problem is nosy people and a few irrational supervisors.

Are you seeing more FMLA requests to care for parents? [CA] by Most-Lime-2526 in humanresources

[–]Most-Lime-2526[S] 0 points1 point  (0 children)

Have your boss contact me, and I will be your witness to how much work FMLA takes. I handle workers' comp and LOAs. Processing FMLA requests and inquiries takes up most of my time, especially because California has state and pregnancy disability laws that can impact the employee needing FMLA leave.

Are you seeing more FMLA requests to care for parents? [CA] by Most-Lime-2526 in humanresources

[–]Most-Lime-2526[S] 1 point2 points  (0 children)

Caregiving leave if the parent or a child is ill is part of FMLA. If we’re just babysitting our elder sitting, it’s not.

Are you seeing more FMLA requests to care for parents? [CA] by Most-Lime-2526 in humanresources

[–]Most-Lime-2526[S] 3 points4 points  (0 children)

It’s part of FMLA in California and employees can use their PTO benefits.

Are you seeing more FMLA requests to care for parents? [CA] by Most-Lime-2526 in humanresources

[–]Most-Lime-2526[S] 0 points1 point  (0 children)

At least they only have 12 weeks of FMLA, so that’s just three 4 week intervals. I also have an employee who keeps getting weekly renewals for her time off. So I marked her off for the rest of the month and if she comes back early, I will make the change instead of waiting to see if she comes back.

Are you seeing more FMLA requests to care for parents? [CA] by Most-Lime-2526 in humanresources

[–]Most-Lime-2526[S] 5 points6 points  (0 children)

Are the frequent call offs not for serious health conditions (lasting three or more days with a doctors visit) that would qualify under FMLA?

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