Can i take fmla a day at a time when needed? employer says no week at a time only.

Is it OK for an employer to tell me that i can't use fmla intermittenly? If my baby was sick and i had to leave that day they said i could'nt i have to give them a 30 day advanced notice. How can i predict when my baby is going to be sick and needs my care now and have to give the company 30 days notice. then they said i have to take it a week at a time or more.

1 answer  |  asked May 16, 2007 9:45 PM [EST]  |  applies to Illinois

Answers (1)

Aaron Maduff
Can i take fmla a day at a time when needed? employer says no week at a time only.

I received your posting on My Employment Lawyer. As I understand the situation, your employer has told you that you must provide 30 days notice of leave and that you cannot take it intermittantly to care for your child. Assuming the company is covered by FMLA (has 50 employes within 75 miles of your worksite) and that you are a covered employee (you have worked there for a year and have 1250 or more hours in the last 12 months), you are entitled to intermittant leave (broken down even to hours not days) and you are only required to give notice as soon as praticable WHICH IS OFTEN AFTER THE LEAVE IS TAKEN. I don't know from what you have written what your injuries are at this point, but it sounds like you have a very strong claim. It may be that all you need an attorney to do is to get your employer to understand it. In any case, please do call us or one of the other fine attorneys here at MEL. We can make a difference.
Aaron Maduff
posted by Aaron Maduff  |  May 17, 2007 09:06 AM [EST]

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