Disagreement between HR and Doctor on definition of work week
I am trying to resolve a disagreement between HR and my doctor on how a "rolling work week" applies to my defined "regular work schedule."
1) The Eligibility paperwork That I signed for granting my intermediate FMLA states that my employer works on a "rolling year and rolling month". (Nothing stated about "rolling work week")
I was granted intermediate FMLA for 1x per week 10-5 hours per episode. And on the DOL form 380-e my employer stated my regular work schedule to be " Monday-Thursday 10hrs/day"
Now I am being penalized because my employer says my frequency is exceeding the 1x per week because they observe a "rolling work week" so if I use FMLA one week I have to wait 8 calendar days before I use FMLA again. So if I use FMLA on a Wednesday one week and i have another episode on Tuesday of the following week I am being denied the use of FMLA on that Tuesday because it "exceeds frequency".
2) my wife was due to be induced in February of this year. To prevent my FMLA from expiring I went to Dr. And did my 6month recertification early in good faith as I knew I would be caught up with my first child.
My employer claims that my certification expired in June and since I wasn't notified that they had closed my FMLA I continued calling in as instructed by my employer to use my FMLA but those days are now being counted against me as I was served my "final warning" that I am exceeding my allowed missed days off
What should I do from here? And where can I educate myself further on "rolling work weeks" and how they relate to FMLA laws?
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