Fmla Leave Designation Dispute

Summary

Employers in New York State cannot unilaterally change FMLA leave from intermittent to continuous without a corresponding change in the medical condition or certification. The healthcare provider determines the nature of the leave. If an employer denies intermittent leave for specific dates while allowing it for others, it may be inconsistent with FMLA regulations (§825.202 and §825.302). Employees can challenge such decisions by writing a formal letter to the employer, referencing the original certification and observed inconsistencies. Consulting an employment attorney is advisable for personalized guidance.

Full Conversation

Nys over *,* employees
In New York State, according to the Family and Medical Leave Act (FMLA):
- Employers cannot require FMLA leave to run concurrently with another leave.
- Approved intermittent leave can be taken for the same condition.
However, each case is unique and it would be advisable to consult with an employment attorney.
What exact section of the law is that
The relevant law sections are:
- Family and Medical Leave Act *, §*(b)(*) for intermittent leave.
- §*.* for not requiring FMLA leave to run concurrently with another leave.
Is that legal for the to suspend me because of that?
Under the Family and Medical Leave Act *, §*(a)(*), employers are prohibited from interfering with, restraining, or denying the exercise of FMLA rights. Suspension on these grounds may be unlawful. It would be advisable to consult with an employment attorney.
How much could I sue for?
The amount you could sue for depends on several factors, such as lost wages, emotional distress, and punitive damages. It's best to consult with an employment attorney who can provide a more accurate estimate.
What’s an example of emotional distress in this situation?
Emotional distress in this situation could include anxiety or depression caused by the denial of FMLA, stress from financial hardship due to lost wages, or emotional turmoil from the fear of losing your job.
What if because of this situation it’s making my anxiety worst im worried about being evicted from my apartment due to lost wages while also just finding out that my gf is pregnant
If your situation is causing severe anxiety and distress, it could be considered as emotional distress in a legal context. However, it's crucial to consult with an employment attorney to discuss your situation in detail. They can provide precise guidance based on the specifics of your case.
Section §*.* of the FMLA regulations does not prohibit an employer from requiring FMLA leave to run concurrently with another leave, such as paid time off or disability leave. Instead, it provides employers with the option to require the use of FMLA leave concurrently with other forms of leave, as long as certain conditions are met. This means that employers have the discretion to designate FMLA leave concurrently with other types of leave when the employee's absence qualifies under FMLA regulations.
While Section §*.* of the FMLA regulations allows employers to run FMLA leave concurrently with other leaves, it should be consistent with your approved leave type (intermittent). If you feel your rights are being violated, you should consult with an employment attorney.
So because the initial leave was intermittent then the rest has to be intermittent?
According to FMLA, intermittent leave can be taken when medically necessary. However, the decision to grant intermittent leave rests with the employer. If the same medical condition persists, it's advisable to discuss this with your employer and potentially seek legal counsel.
What reasons could the employer deny it legally?
Under FMLA, an employer could legally deny intermittent leave if:
- The employee fails to provide sufficient certification of the serious health condition.
- The leave is not medically necessary as per the certification.
- The employee does not comply with the employer's policy on intermittent leave.
Here’s a scenario an employee has a intermittent FMLA certification that started on */*/*-*/*/* it’s in NYS the employee is out a few days in * and a few days in * then on */*/* the condition turns into a disability the employer tells the employee that the FMLA claim needs to be changed into a continuous FMLA claim and they approve the claim from */*-*/* the employee also needs */*/*-*/*/* off as well they’re trying to get it covered under their intermittent certification but the employer tells them no it needs to go under the continuous FMLA claim and in order to get that approved they need to send in doctors notes for their short term disability is that legal
Requesting medical documentation for continuous leave isn't unlawful. However, if the employer requires the leave to switch from intermittent to continuous, it could potentially violate FMLA, specifically §*.*(e). It's recommended to consult with an employment attorney for personalized advice.
In what circumstances can the employer require the leave to switch from intermittent to continuous also isn’t it illegal under FMLA to ask specific questions about the diagnosis or to require medical notes to approve it
Under FMLA, an employer can require a medical certification to support the need for leave due to a serious health condition. However, the employer cannot ask for additional information beyond what's in the certification. Switching from intermittent to continuous leave is usually determined by the medical necessity as certified by a healthcare provider.
So an employer can’t say okay I want to change this leave from intermittent to continuous? Even if they require leave to run concurrently with short term disability
Under FMLA, the designation of leave as intermittent or continuous is primarily based on the medical certification provided by a healthcare provider. The employer can't unilaterally change the designation without a corresponding change in the medical condition or certification. This is in accordance with FMLA §*.*.
Let’s say the health care provider said the leave should be continuous but only from */*/*-*/*/* but never specified if it should go back to intermittent then what
If the healthcare provider hasn't specified the leave type after */*/*, it's generally assumed that the previously approved intermittent leave would continue. However, it's best to clarify this with your employer and healthcare provider. Also, consider consulting with an employment attorney for personalized advice.
If an employee had an intermittent claim for fmla and called out under that claim but since the employee was out so long that it turned into disability and because the employer only allows continuous fmla claims to run with disability claims so they send a form that only allows for continuous fmla and the health care provider fills that out but from */*-*/* being continuous and the employee says out until */*/* and wants */*-*/* covered under their original fmla intermittent leave can they do that even if they didn’t go back to work since */*/*
Under FMLA, if the healthcare provider has certified the continuous leave until */*/*, but not beyond that, the employee could potentially revert to the previously approved intermittent leave provided the medical condition remains the same. This is in line with FMLA §*.*. It's advised to consult with an employment attorney for personalized advice.
How would the employee revert back to that certification?
The employee can revert back to the intermittent certification by notifying their employer of the need to resume intermittent leave due to the same medical condition. They should also consult their healthcare provider to ensure their medical certification supports this. This process complies with FMLA §*.*. However, consult an employment attorney for tailored advice.
How should the employee legally request this?
The employee can communicate their need to revert to intermittent leave via written request to their employer, citing the same medical condition. It's also advised to have their healthcare provider confirm the need for intermittent leave. Remember to consult an employment attorney to guide you through this process.
How can the health care provider confirm it?
The healthcare provider can confirm it by providing a written statement or filling out a certification form indicating the continued need for intermittent leave due to the same medical condition. This aligns with FMLA §*.*. Always consult an employment attorney for personalized advice.
What if under that same scenario where the employer tries to make the dates from */*/*-*/*/* continuous but does require the dates */*/* */*/* and */*-*/* to be continuous but allows them to be intermittent under the original FMLA certificate but denied */*-*/*/* because the employer
Could you please clarify why the employer denied the leave for the period */*-*/*/*? This will help to provide more accurate guidance.
If an employee had an intermittent claim for fmla and called out under that claim but since the employee was out so long that it turned into disability and because the employer only allows continuous fmla claims to run with disability claims so they send a form that only allows for continuous fmla and the health care provider fills that out but from */*-*/* being continuous and the employee says out until */*/* and wants */*-*/* covered under their original fmla intermittent leave can they do that even if they didn’t go back to work since */*/* And the employer is denying it saying they’re denying it because they require all FMLA claims that run with disability to be continuous even though this is for the same condition listed in the intermittent certification and they allowed absences after */* such as */* */* and */*-*/* to be covered under the intermittent certification
The employer denying the intermittent leave for */*-*/*/* while allowing subsequent intermittent leave could potentially be inconsistent. As per FMLA §*.* and §*.*, the type of leave should be consistent with the approved leave type and the medical condition. It's advisable to consult with an employment attorney for personalized advice.
Got it. Here's a revised version: If an employee's intermittent FMLA leave transitions into disability leave, and the employer requires continuous FMLA leave to run concurrently with disability, can the employee still request coverage under their original intermittent FMLA leave for specific dates? The healthcare provider indicates that the continuous FMLA should cover from */*-*/* the employer insists that the entire period must be continuous because it ran with the STD claim. Interestingly, the employer allows later absences to be covered under the original intermittent claim, but denies coverage for */*-*/*, citing the need for continuous leave due to the employee not returning to work. Can the employee challenge this decision?
Under the FMLA, the employee could potentially challenge this decision. The employer's requirement for continuous leave despite an original intermittent leave certification and later allowances for intermittent leave could be inconsistent. It's advised to consult with an employment attorney for personalized advice. This is in line with FMLA §*.* and §*.*.
What can an employee write to challenge it?
The employee could write a formal letter to the employer outlining the situation, referencing the original intermittent FMLA certification, the continuous FMLA required by the employer, and the inconsistencies observed. They should also consult with an employment attorney for assistance in drafting this letter.
Does an employer determine what they consider intermittent leave? Or is that up to the state and the health care provider?
According to FMLA §*.*, intermittent leave is defined by the medical need as certified by a healthcare provider. The employer can't unilaterally change the designation from intermittent to continuous without a corresponding change in the medical condition or certification. However, an employer's policies may influence the process.
Can and employer say the leave from */*-*/*/* isn’t intermittent because the employee was out for an extended period of time?
Under FMLA, it's primarily the healthcare provider who determines the nature of leave (intermittent or continuous) based on the medical condition. An employer can't change the designation without a corresponding change in the medical condition or certification. However, for accurate advice, it's best to consult with an employment attorney.