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Old 06-14-2018, 09:18 PM   #1
Dr. Sugarfree
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Default FMLA: Is Employer Abusing my Patient's FMLA?

Greetings,

I recently placed my patient on reduced (not intermittent) FMLA leave. The paperwork specifies that she work 5 hours 4 days per week. My intent was to reduce overall work demand so she could recover from an infection. The work itself is not physically demanding and she has no physical restrictions aside from temporarily working part-time.

Prior to starting FMLA, she worked 7:30AM to 5:30PM. Since FMLA, her employer has forced her to work 8:00 to 1:00, Monday through Thursday. This schedule was not negotiated; she was given no choice. When she asked to work slightly different hours, the request was refused outright despite this strict schedule being unnecessary for the job.

Last week, my patient stayed 15 minutes past her scheduled five hours to complete a few project details. This week she received a disciplinary memo, reprimanding her for the mere 5.25 hours worked over her five hour limit. She was notified that further "violations" of physician-specified work hours were grounds for possible termination.

Questions:

1. Can an employer dictate the specific hours an employee on reduced FMLA can work, despite those hours being unrelated to company needs?

2. Despite being asked to work within typical work hours, is this sudden work hour change an example of FMLA-related discrimination?

3. When I provide reduced work hours through FMLA, may the employee opt to work more hours than I specify, or is the patient strictly limited to the hours I listed in the FMLA documentation?

Thank you in advance to anyone who can help.
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Old 06-15-2018, 02:02 AM   #2
goddessoflubboc
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Default Re: FMLA: Is Employer Abusing my Patient's FMLA?

1. Yes
2. No
3. If you work more than what the FMLA states you can be given the option to stop FMLA or find other employment (where you’d have no FMLA protection for at least a year).
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Old 06-16-2018, 01:16 AM   #3
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Default Re: FMLA: Is Employer Abusing my Patient's FMLA?

I wish to inform you that 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. The employer has fully followed the medical instructions for the employee to work 5 hours 4 days a week. There was no restriction on the the timing of the work hours in the medical instructions. If you have questions, or you think that rights under the FMLA may have been violated, you can contact the Wage and Hour Division (WHD) at 1-866-487-9243. You will be directed to the WHD office nearest you for assistance.

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