I have fulfilled the necessary employed time to qualify for FMLA. I took 4 weeks of FMLA in March, 2011, for knee surgery. Shortly after returning to my job, I decided I needed to apply for an intermittent FMLA due to a chronic medical condition, that required the possibility of being out of work 1-2 days/month, possibly 1 or 2 more. I had two intermittent FMLA forms "approved".
Unfortunately I was hospitalized for 2 weeks recently, and while in the hospital, my doctor filled out another FMLA form as I needed to be out of work those 2 weeks and another 2 weeks after discharge. My employer sent a note back to me stating that my FMLA was all used.
Evidently when approving my 2 intermittent FMLA forms, they approved them as a "chunk" of time, so therefore the two "totalled" another 8 weeks, but when I counted the actual days I had been out due to my medical condition, I was out 11 days (88 hours) during the time from returning to work in March after surgery, until the day before my recent hospitalizations.
My question is can an intermittent FMLA in MA be interpreted by an employer as a "chunk" of time, when the employee hasn't even used 8 weeks of additional time, but just 11 days?
If there is a website to which you can refer me to help me fully understand intermittent FMLA, that would be greatly appreciated!
Thank you!