Legal Question in Medical Leave in Pennsylvania

Re: Fmla

You asked about family medical leave act.

Yours is not a medical problem but rather a wage and hour problem.

FMLA does not allow a person to simply say they will not work. If it is being used that way then there is something wrong with the implementation. FMLA is only able to be taken for full days and then for periods, not intermittently. In other words a person can't say "I can't work overtime because I have to care for my ailing family member, I want FMLA."

If you are unionized you should seek the assistance of your union. Also, you may make a complaint to the state wage and hour authorities as well as the compliance officer for the department that oversees your facility. Your last option is to refuse to work more than a certain amount of overtime. As you are aware, nurses anywhere cannot refuse overtime without certain exceptions. It may also be that your stress has become a disability under the ADA that could be reasonable accommodated by not working as many overtime hours.

Regards,

Roger