Question:

Can an employer refuse to allow somone going out on FMLA for a sick spouse or child to use their sick time?

Response:

The Family Medical Leave Act was established to provide employees the opportunity to take leave for their own serious medical condition or to care for a family member who has a serious medical condition.  Most employers will require that employees use their sick and vacation time while they are on FMLA, so that employees don’t have opportunities to take more time off after they have already taken 12 weeks.
If you are requesting FMLA for basic sick children or a sick spouse, the department of labor has established a listing of reasons to take leave, and they have definitions of a serious medical condition, your denial to take leave may depend on the seriousness of your medical condition.

Question:

I was given a 40 hour a week slip by my doctor for severe leg pains,i am also on medications for pain , and have to see a vaslcular surgeon for further tests in 6 weeks. my job requires me to stand and walk alot. the human resoures manager denide the doctor slip, and my fmla report filled out by my doctor, after conntacting my union reps, i was told i would have had to been off work 3 days to be eligble, is this correct?

Response:

I am unaware of any time frame that you need to miss before you can take FMLA, your union might have some agreements with your employer.
Because you are a member of a union you should work with your union reps, they are there to help member employees.  You might want to ask about intermittent leave, that could give you a shorter work week and your employer can count the time you don’t work as FMLA.
FMLA is a Federal Law, be sure to check if you qualify for leave, and make sure your employer is eligible for FMLA as well.

Question:

I am new to fmla for about two months. The general manager has accused me of not using it for medical reasons and has threaten to take away my permanent desk and make me be a floater. I was very uncomfortable having to have to go into my personal health information trying to defend myself. I thought I was covered by having fmla and having my doctor fill out all the paperwork. I’m not sure what I should do next.

Response:
I assume that a company that qualifies for FMLA would have a Human Resource Manager or Director, if not a CEO.  I suggest you talk to one of them, but go prepared, bring any documentation that you have regarding your situation and what your manager  asked of you as well as names of witnesses who might have heard the conversation, if your manager sent email print them and bring them to your discussion with your employer.
If you have provided a physicians certification to your employer, there shouldn’t be further investigation unless the certification wasn’t clear.  Furthermore FMLA has build in protections for those who take leave, limiting the ability of employers to substantially modify the job of those taking leave.  Your Human Resource Manager or CEO might be interested in knowing what your manager has requested and the statements he has made.

Question:

I filed for fmla, it took my employer one week to forward it on to HR they acted like it wasn’t important.

Response:

While FMLA is a major event for many employees, employers may find it as “just part of the routine” and may give the impression that it’s not important.  In researching notification requirements I found that employers should provide a written notice to employees “within a reasonable time after the employee gives notice of the need for FMLA leave, within one or two business days, if feasible.” Your employer might have wanted to be more vigilant in getting the info to HR, but as long as you received a response shortly after, you shouldn’t have any problems.
Thanks for your question!

Source:
http://www.dol.gov/elaws/esa/fmla/fmlaen5.asp

Question:

Does FMLA cover time away from work to care for your children if your spouse’s parent is in the hospital and the spouse is not able to say home with the children?

Response:

The Family Medical Leave Act was established to help lighten the burden of employees who either have their own serious medical condition or an immediate family member’s medical condition, as well a providing protection to parents who give birth or adopt children, allowing for a bonding time.
But unfortunately there isn’t any protection through FMLA for employees who need to care for their children while a parent is ill.  The law specifically states that it “in law” parents are not included, so you couldn’t request FMLA to care for your parent in law while tending your children at the same time.
That doesn’t mean that your rights are limited, the Family Medical Leave Act is a federal act, many states have issued other laws that are more employee friendly, California for example, has many leave plans that benefit employees for various reasons.  I am not an attorney, and not fully familiar with Wisconsin’s leave programs, check with your Human Resource Manager to see if there are any programs available you can take advantage of that will protect your employment status and give you the time you need to care for your children.  If not, you might ask about a non medical leave of absence, or see if it is possible to tele-comute (work from home) for a short period while your family member is recovering.
Thank you for your question, I hope I have provided assistance.