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FMLA MINI LESSON --- 3 Days+Dr Visit+Prescription+follow up visit=FMLA

Short-term absences are often not classified as FMLA, when they should be. Getting those absences classified as FMLA can help later with that stupid Comp 5 if you have absences which aren't covered by FMLA.

The “three-day incapacity” rule coupled with “continuing treatment” portion of the definition was clarified at section 825.114(a)(2)(i) to mean –A period of incapacity (i.e., inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery


FMLA>AIP>EVALS & REVIEWS--- It unlawful for any employer to discharge or in any other manner discriminate against any individual for exercising their FMLA rights. A case of FMLA retaliation requires employee prove "that (1) you took days protected by the FMLA; (2) NPS took an adverse employment action against you; and (3) that there was a causal connection between the protected activity and the adverse employment action."

In other words, your administrator cannot use your FMLA days against you in AIP, Evals or Mid-year Reviews. And they most certainly cannot diminish your rating, and hence your



Recently been denied FMLA by the NPS due to Insufficient Hours---check again. An employer must be able to clearly demonstrate that such an employee did not work 1,250 hours during the preceding 12-month period if FMLA leave is to be denied on the basis that the employee is not eligible.

For example, in consideration of the time spent at home reviewing homework and tests, full-time teachers in an elementary or secondary school system, or institution of higher education, or other educational establishment or institution are deemed to meet the 1,250 hour test. It should also be


The US Department of Labor recently posted this document about FMLA rights.  Please keep this valueable resource handy for any and all questions regarding your federally protected FMLA rights.


Common FMLA questions concerning Pregnancy and Child Care

Question-When I am out on maternity leave for myself can I/do I get paid?

Answer-Yes!  As long as you have your sick days, you will be paid for the time you are out.  FMLA states that you can take up to 12 weeks of unpaid leave but if you have the sick days to cover yourself you would get paid like you normally would.  If you want to go beyond that time, you will need to get an additional doctor’s note explaining why you still need to be out or take more time unpaid because our contract allows us to be out for a year for childbirth.