Family Medical Leave Act

questions & answers

Question: I am a cashier and stand for 8 hours. Have severe leg and back pain. My doctor filled out the form to reduce my hours to 20 and no more than 6 hour shifts. For the FMLA do I have to be employed for 12 months for just a reduction in hours. Need to know before I submit form.

Answer: The Dept. of Labor website has this explanation on reduced work hours:

Intermittent/reduced leave schedule

(Q) Does an employee have to take leave all at once or can it be taken periodically or to reduce the employee’s schedule?

When it is medically necessary, employees may take FMLA leave intermittently – taking leave in separate blocks of time for a single qualifying reason – or on a reduced leave schedule – reducing the employee’s usual weekly or daily work schedule. When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly disrupt the employer’s operation.

Leave to care for or bond with a newborn child or for a newly placed adopted or foster child may only be taken intermittently with the employer’s approval and must conclude within 12 months after the birth or placement.

(Q) Can an employer change an employee’s job when the employee takes intermittent or reduced schedule leave?

Employees needing intermittent/reduced schedule leave for foreseeable medical treatments must work with their employers to schedule the leave so as not disrupt the employer’s operations, subject to the approval of the employee’s health care provider. In such cases, the employer may transfer the employee temporarily to an alternative job with equivalent pay and benefits that accommodate recurring periods of leave better than the employee’s regular job.

For more information on FMLA, go to:  http://www.dol.gov/whd/fmla/fmla-faqs.htm#8

QUESTIONS

  • I am a cashier and stand for 8 hours. Have severe leg and back pain. My doctor filled out the form to reduce my hours to 20 and no more than 6 hour shifts. For the FMLA do I have to be employed for 12 months for just a reduction in hours. Need to know before I submit form.

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