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FML Question for Reditors

My ex-has kidney failure so my son filed for FML for two hours every afternoon so he can leave two hours early to help her with her peritoneal dialysis, which takes him about four hours of his time every day. She finishes up after he normally gets off work so he only needs two hours a day off. Lately, there company has had a lot of OT and they are requiring everyone to stay four hours after their regular shift and to work on Saturdays, too. He is told he must use FML hours if he wants the extended hours off. Including his half-hour each way comute time, this will increase his FML hours from 10 hrs/wk * 48 wks/yr = 480 hours per year, well under the annual FMLA threshold, to about 30 hrs/wk * 48 wks/yr = 1440 hours per year that is about 400 hours over the…


My ex-has kidney failure so my son filed for FML for two hours every afternoon so he can leave two hours early to help her with her peritoneal dialysis, which takes him about four hours of his time every day. She finishes up after he normally gets off work so he only needs two hours a day off. Lately, there company has had a lot of OT and they are requiring everyone to stay four hours after their regular shift and to work on Saturdays, too. He is told he must use FML hours if he wants the extended hours off. Including his half-hour each way comute time, this will increase his FML hours from 10 hrs/wk * 48 wks/yr = 480 hours per year, well under the annual FMLA threshold, to about 30 hrs/wk * 48 wks/yr = 1440 hours per year that is about 400 hours over the maximum available under FMLA. The good news is that the OT started on July 1 so he should squeak under the max hours this year. The bad news is that if something goes wrong, he would likely run out of hours before the year's end. Should he exceed the allowable FML hours, is he elegable for reasonable accomidation under ADA, or is there another alterntitive? His mom was aready turned down for a visiting nurse during he dialysis.

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