Legal Question in Medical Leave in Pennsylvania

Re: fmla

You asked about FMLA leave.

FMLA leave is still fairly new and is still being interpreted by the courts. Right now, persons are entitled to leave and except for certification are exempt from any question regarding use of the leave.

You do raise a question in that you state that FMLA recertification must be done every three months. To my knowledge FMLA leave is limited to 12 weeks in a twelve month period (three months). Any grace extended outside of the mandatory leave has no bearing or implication on FMLA.

FMLA isn't like sick leave where the company can set policy. Sick leave is a company benefit that has very little protection at law. FMLA is a law that is not a benefit under any company policy. Some companies allow employees to use sick leave as the employee sees fit. Other require proof that an employee is ill. These do not apply to FMLA. The only requirements for FMLA are set out in the law.

Whether you go racing on a Saturday or Sunday is irrelevant. FMLA leave to care for another or yourself does not mean that you cannot have a life.

The specifics of your situation will determine how you answer your own question. If you are using all your FMLA in one lump then your employer can make certain requirements regarding use of the leave exceeding that allowed under FMLA. But if you are using FMLA piecemeal in order to maximize the benefit (taking days as you need them), then you are entitled to use _almost_ without question.

Ignore the person that ratted you out and be totally forthcoming with your supervisors and HR managers. If you have any problems realize that you should speak with an attorney immediately.

My thoughts are with you in your time of stress.

Regards,

Roger