Can time be made up regarding intermittent medical leave?

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Can time be made up regarding intermittent medical leave?

My doctor provided me with an FMLA certification for being late for work up to 2 hours up to 3 times per week. This is due to issues with depression and medication side-effects. I also have it for related medical appointments. My employer is trying to force me to select specific days of the week I will use

this leave, and only allowing me to work 6 hours on those days. They will not allow me to come in at my normal start time on those days. They also will not allow me to make up the missing time, even though they allow make up time for non-FMLA absences. Is this legal? I am a union employee.

Asked on February 2, 2017 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, it is legal. The Family and Medical Leave Act gives you the right to take unpaid time for medical reasons without losing your job, but does not give you the right to make up "lost" time if the employer chooses to not let you do so, and does not take away or limit the employer's control or authority over scheduling. The employer, not you, decides when and how many hours you may work.


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