Retroactive FMLA Application

My wife missed work due to our 5-month old son's admittance to the emergency room with a diagnosis of pneumonia. She notified her employer that she would be out following normal call out procedures due to his admittance and required recovery time before returning to day care. During follow up with his primary care physician it was determined that our son need a longer recovery time due to complications from the pneumonia. She contacted her employer by telephone and then in person to request off for the rest of the week. The employer was then closed for a week due to a holiday at which time our son was then readmitted with pneumonia for a second time. My wife again at the open of business followed proper call out procedures, with a follow up call to her supervisor to check on the status of her request. Upon return to work she requested in writing retroactive FMLA use to cover her absence for the unforeseeable medical issues and complications our son had during a two and a half week period, one week of which was an employer scheduled holiday. She requested the leave specifically after her employer refused to pay her for the usual paid time off of the holiday week. At no point during her conversations with her supervisor did they mention FMLA as a possible option due to our son's illness and since requesting in writing for FMLA use two weeks ago, she has not yet received a response. We are wondering what step we should take next.

2 answers  |  asked Jan 21, 2012 7:52 PM [EST]  |  applies to Pennsylvania

Answers (2)

Christopher Ezold
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, your wife has put her request in writing which is exactly what you should have done.

The PTO issue is separate from the FMLA issue. If she is back to work, then her biggest problem (termination) may have been avoided. FMLA is unpaid leave; vacation and PTO can be taken concurrently, but not always necessarily (although most employers require both to occur at the same time, if possible).

What I am unclear on is the problem you want solved - do you want to get your wife's PTO payment? A return to work if she has been denied that?

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephon number.

/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Jan 24, 2012 10:33 AM [EST]
Doris Dabrowski
Has the employer conceded that the FMLA applies to the employment situation? What adverse action has the employer taken? I need information about the underlying facts before I can suggest a strategy. Your wife should arrange a consultation with a lawyer.

Doris Dabrowski,

1525 Locust St., 14th floor
Philadelphia, Pa. 19102

posted by Doris Dabrowski  |  Jan 23, 2012 2:01 PM [EST]

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