Legal Question in Medical Leave in Washington
Child Sickness-Time Off from Work
My company allows time off to be made up in the same work week (4 hrs only with managers approval) or use of personal or vacation time. My daughter was sick in Nov., Dec., and Jan. I stayed home a total of 4 1/2 days for all, using my vacation & personal days to cover this time off. In 1997, I requested 9 time off's to be worked within the same week, all were approved by my manager. 2 of them were for post pregnancy checkups, 1 for daycare, and 2 doctor appts. for my daughter. My manager approved all 9, but is now saying I'm abusing this policy. She said my priorities are right by staying home with my daughter, but I must focus on properly using the time off policy before my record is blemished. Specifically, can my manager hold against me for my post pregnancy checkups, my daughters sickness or doctor appts.? Nothing has been said to me regarding time off until I have a baby and have had to take extra time off to stay home with my daughter, due to illness, or doctor appts.. I've been told that under this law, an individual can code sick time if their child is sick or needs to see a doctor and it won't go against your personal occurrence or time off record? If such policy exists, could a manager refuse to allow you to use this option? What is your opinion on this subject? Would I be covered under this new law and if there is such a policy, should I utilize it instead of my vacation or personal days? Thank you!
1 Answer from Attorneys
Time off for child care under FMLA
The Family Medical Leave Act provides for unpaid time off to care for a child with a serious medical condition, if the employer and employee qualify under the Act. You should contact an attorney in your area or the U.S. Departement of Labor to discuss whether your employer is subject to the Act (I don't have enough information to address that issue here). If an employer is subject to the Act, then the employer must give the time off to care for the child, but for no more than 12 weeks in a one year period. If FMLA leave already has been used up for another purpose, such as pregnancy, childbirth, adoption, or foster care placement, then the employer is entitled to refuse additional leave until the one year period expires. Also, the Act allows employers to require that the employee use other paid or unpaid leave provided by the emmployer, such as vacation or personal/sick time off, as part of the 12 weeks. Accordingly, if the employer has applied the other paid or unpaid time off toward the 12 weeks of FMLA leave, then the employee will not have any other time off to use. At the same time, the employer cannot require an employee to make up time off that was taken under the FMLA. Your facts are relatively complex and require that an attorney review all facts and ask additional questions to determine how the Act will apply to your situation. You should consult an attorney immediately.
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