Expert: Thomas R. Ballas - 1/7/2010

Question
I am on fmla and have a lot of doctor's appointments due to my unborn child may only have one kidney. I am constantly asked when I am going to make up time missed when have these doctor's appointments, the whole reason I got on fmla is so that I would not have to worry about making up time due to am under a lot of stress as it is with the complications of my pregnancy. So my question to you is, are they allowed to constantly ask me when I am going to make up time missed.

Answer
Tina:


FMLA allows you time off from work for your own health, and for you to care for certain relatives.  If you are on leave, you cannot work.  If you are an exempt employee, and paid a salary, and therefore not paid by the hour, if someone is not performing the essential duties of your position, they go undone.  

Without knowing your work, I cannot say what happens to that work when you are out.  If the work can be done when you return, then you may have to perform that work down the road.  

I do not think the law specifically addresses your question.  If someone in the Company asks you about "making up time", I would tell them once that I have an approved FMLA, and only when my medical condition improves will I be able to answer the question.  If necessary, I would get a Doctor's note to that effect.  Then, if the question persists, I would report the person to the HR department and ask them to intervene on my behalf.

Tom Ballas