Q: Can my job require me to take FMLA, if an employee doing the same job in another state would not need to take FMLA?
Because I live within 50 miles of my company headquarters, I’m required to go into the office 2 days a week. I’ve no issue with going into the office, but my parent needs surgery and will need home supervision for a couple months. No one else is able to care for this parent. I’d like to work full time from home for a short time (possibly up to 2 months, but likely less time than that) to care for my family member. I want the same benefit as coworkers out of state. If their parent/s required this care, they’d not need permission from our employer for this. But my employer has told me that I’m not permitted to WFH the 2 days they want me in office. They’ve advised me to take unpaid FMLA leave for the two months, or intermittent FMLA for the two days I’d not be in the office. Is this legal? My co-workers who live out of state wouldn’t have to take FMLA, or even tell our employer that they’re doing this. How is my employer is able to legally justify this?
A: The FMLA is a complicated statute, and it cannot be said with certainty whether or not what your employer is doing is "legal." I think there is a more viable, potential issue with discrimination by association under a certain provision of the ADA. I'd reach out for a consultation.
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