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Employment Law/Intermittent FMLA


Hello Ms. McAllister,

Husband had lung cancer surgery. I informed 3rd party company I needed 2 weeks off after surgery for his care, they approved intermittent leave. I was not aware there were different ones, now they contact me and say I took more than 3 days off not approved. What do I do? Doctor says husband needs daily care to 11/6/2013 and transportation to dr. appts which are a LOT.


The FMLA act allows you to take 12 weeks off for FMLA leave to care for your husband. Your job must be held for you.  They cannot terminate you for this.

Call your local Department of Labor and talk to them about this. They will call your company and let them know they are violating the FMLA law.

It could be a mixup in communications at your company so maybe you first should call Human Resources and let them know you were approved for FMLA leave. Perhaps someone didn't inform them of the leave.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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