What are my rights regarding intermittent FMLA?

I have had intermittent FMLAs for past 4 years. I’ve been a foster parent who finally adopted at the end of last year. Long story short, my company obtained a 3rd party company last year to take FMLA’s over. Management wants to give me a verbal and written because when I called out using my intermittent FMLA, I either did not call the 3rd party to notify them (instead I called the charge person at work like everyone normally does) or the 3rd party stated it was ineligible because it wasn’t reported within 24 hours. Consequently, my employer is not putting it as FMLA; they are using it as a normal call out process. Is this okay for them to do? Should I just suck it up? Is this something they can do?

Asked on May 25, 2018 under Employment Labor Law, Rhode Island


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unless this action violates the terms of your union agreement, it is perfectly permissable. The fact is that your company has a speciffic procedure in place that you failed to follow. Accordingly, you have no recourse here. Bottom line, absent legally actionable discrimination, a company can set the conditions of employment much as it sees fit. 

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