Denied the option of using intermittent leave that would have assisted me better.

I was approved for FMLA leave to care for my mother who had been diagnosed with Alzheimer/Dementia. She also suffered from rhematoid athritis. I requested Intermitted leave (reduced schedule) but was adviced by both my employer and my union representative that only 8 hours intervals was allowed as stated in their written employee policy. This left me with no other option but to resigned from my job, I was my mom sole care giver and she could not be left alone for long periods of time. This employer has rehired me but in a different position /pay. Their reasoning being that I was off their clock for more than a year. Well if they had allowed me to use fmla as I selected on their option form I would not have had a need to resign in the first place. My question is this do I have any recourse in returning to my original position I had been with this company for 20 years with only 7 years to go for full retirement when I had to resign?

1 answer  |  asked Jul 4, 2001 09:33 AM [EST]  |  applies to Maryland

Answers (1)

Neil Klingshirn
I believe that you have a valid FMLA claim

First, a disclaimer. I am an Ohio attorney and am not licensed to practice law in your state. You need to consult an attorney in your state. The law may be different that it is in Ohio.

That said, if you were in Ohio, I believe that the employer has to provide intermittent leave if your doctor certifies that you need it. The lowest interval of time is something on the order of a quarter of an hour. The company (and union) should not be able to override your individual, statutory right under the FMLA through the collective bargaining process.

You can learn more on the department of labor's elaws at this site:

I believe that you would have a valid claim to your old position, even now. You have two years to file an FMLA claims. You can file a complaint for free with the department of labor. Drill through the elaw site to learn how to do that. You can also hire an attorney. Many accept your kind of case.

I hope this helps.



posted by Neil Klingshirn  |  Jul 11, 2001 5:20 PM [EST]

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