Can time be made up regarding intermittent medical leave?

UPDATED: Sep 30, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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