Legal Question in Medical Leave in Pennsylvania

FMLA in PA for full-time grocery store employee

I work for a large food store chain. I have two family members who are having medical issues. One is my mother who had to have her knee replacement removed and the second is her daughter (my sister) who is 42 years of age with Mental Retardation. She has been having medical issues (spinal stenosis) that have resulted in an increase of behavioral issues. I too have a daughter with a disability (autism) and was extremely overwhelmed because I had filed a due process over my daughters IEP. While all this is going on I had asked work, if it was possible for me to take weekends off (I work full time in a grocery store) and their reply was no. However they did suggest that I take the FMLA act. My problem is that I don't need all that time off. Just the weekends when my sister has no supports/services so that I can properly supervise her. Would I qualify for intermitting and would just weekends off qualify for FMLA? I could still get my 40 hours in during the work week (I am a full time front end supervisor) if they wanted. Confused in PA.


Asked on 7/09/09, 12:39 pm

1 Answer from Attorneys
Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: FMLA in PA for full-time grocery store employee

You asked about taking FMLA leave.

FMLA leave is granted and taken in one day increments. You don't need to take FMLA leave in incements greater than one day. But you can use a cummulation of 12 weeks worth of single days. Generally FMLA leave is limited to taking care of oneself or immediate family (so that's not a problem here).

In your case, you would need to get approved for the leave by your employer and then take the days off that are necessary under FMLA leave. I understand your plight in that you could work and want to work a suitable schedule, but often schedules are set by corporate and employer's would rather keep the schedule routine and have you take FMLA then to change the schedule.

Hope this helps.

Regards,

Roger

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Answered on 7/09/09, 2:34 pm


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