FMLA: Can an employer accuse you of FMLA abuse without any evidence?

Question

I have been approved for 10hrs of intermittant FML per week. There are absoultely no restrictions on when these hours may be taken as long as it does not exceed 10hrs per week. I called in to work to use 8 hours on a Saturday and while on the phone with my supervisor, he flat-out told me that he and his supervisor both believe that I am abusing the FMLA by typically using the intermittant leave on Saturdays. Granted, the majority of FML that I use has been on Saturdays, but by no means have I used this leave exclusively on Saturdays. Please keep in mind that he did not ask me if I was specifically using this time only on Saturdays...he told me that they think that I am and that I am demonstrating a pattern of inappropriate behavior by doing so.

Is this legal to tell an employee?

Need help, please.

Answer 1

well ya left out a lot of info .. like why are you on FMLA and why do you need to take mostly Saturdays off.. AND all employers HATE FMLA mainly cuz they have no control over it .. and the federal law overrules any and all employer laws... anyway.. if  you really need mostly saturdays off and have proof of this (and doctor approval) .. your employer can p**s and moan all he/she wants and they can do nuthing about it... if it gets to the point of harassment ...sue them.

Answer 2

Well as I understand it, your talking about Medical Leave Of Absence?   If the FMLA is only being taken on Saturday, than it sounds like you are taking a day off for your own convenience?  How could this be justified.  I don't think that Leave can be completely unrestricted if there is a pattern of abuse showing (like taking off Sat).  I would be suspicious of you also.  I don't think that was the purpose of it.  Unrestricted means you can take it off when you need it but not as free day off mainly on Sat.  I think they have a point!

Well I am sure there is a thin line there from both prospectives.