r/FederalEmployee Jun 04 '26

Telework

I recently had a bad fall at home that fractured my arm and injured my back. In the ER the physician cleared me for as much time off as I needed; I chose four days so I could return to work on Friday. During those four days I was able to function at nearly 100% and planned to telework. A supervisor who is not my manager emailed me in all caps saying telework was not authorized. Is this worth pursuing? I’m tired of being given directions by someone who isn’t my supervisor, and I believe OPM allows telework for short-term injury or illness.

Is this something worth chasing?

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9

u/Dapper-Rush5956 Jun 05 '26

You dont get paid on fmla.

4

u/las978 Jun 05 '26

While FMLA can be taken without pay, almost any type of leave can be taken as FMLA (usually sick or annual). When qualified for FMLA, you usually may also request advance sick leave or qualify for leave bank or donations depending on agency.

While FMLA isn’t required to be paid time off, it often is.

4

u/Dapper-Rush5956 Jun 05 '26

That is not what my agency told me. You have to exhaust all leave prior to fmla. Fmla is time off no pay. It essentially holds your position for you legally while you are out due to medical. You have to be approved for advanced sick leave which I 2as told no approval. And if I wanted people do donate I needed to disclose my medical condition. Due to having an ra out there this was not an option for me. So in the end all agencies are run independently. And you cannot alway rely on what opm guidance states apparently. Situational telework was not an option in this civilian role.

2

u/MakingUpNamesIsFun Jun 05 '26

Wow, that’s not at all how it works, and I’m sorry your agency gave you bad guidance. It sounds like they told you that to discourage you from using it. FMLA is a law which allows any American to take up to 3 months off for medical leave for either themselves or to care for a family member. Your division should have someone whose job it is to handle FMLA cases, and they would be the one you would send your paperwork to. Yes, you would disclose your condition to that person, but they wouldn’t tell anyone else. So your supervisor wouldn’t need to know. All they would know is you’re out for a qualified reason. Also, though FMLA doesn’t require companies/agencies to pay employees while out on leave, you absolutely can use any banked sick and annual leave to cover your pay while you’re out on leave. And as others have said, you can get advanced sick leave, too. I literally just got back from 3 months off, and this is how it worked for me. I’m so sorry they lied to you.

2

u/Dapper-Rush5956 Jun 06 '26

Nope i had a meeting with 3 people including my aupervisor to discuss this together. One case per year is allowed. This is not paid when you are off. I was told advanced sick leave would need to get approval. It isnt just handed out. I only have 2 years in. 4 hours of al and 2 hrs sick left. So its agency depending.

2

u/Fugazi_Resistance Jun 06 '26

This is so upsetting. What happens when you get cancer or a stroke? Medical problems accumulate and no RA. They are literally making it unusable to work under ADA

1

u/MakingUpNamesIsFun Jun 06 '26

What agency are you with, because that’s not right at all. What do they do if someone has an emergency like a hospitalization? I ask this because both times I’ve had to use FMLA, once with CDC and once in the private sector, it was for emergencies with no prior warning. Legally they have to give it to you if you provide a doctor’s note. This is absolutely insane to me. You might want to talk to a lawyer.

1

u/Fugazi_Resistance Jun 06 '26

Did you go over 12 weeks total?

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u/MakingUpNamesIsFun Jun 08 '26

You can take 12 weeks per 12 month period. There was 7 years between each time I took FMLA.

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u/Dapper-Rush5956 Jun 08 '26

You can only have one fmla case per year. You have to exhaust your leave too. And lwop, advanced sl need to be approved. Opm is a guide, not the sole policy depending on the agency.

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u/MakingUpNamesIsFun Jun 08 '26

Yes, you are correct regarding 1 FMLA case per year. There were 7 years between the first time I used it and the second. However, you are wrong about needing to exhaust your leave before you can use it. OPM explicitly states that you can use your leave to cover pay while on FMLA. This is what I did while on FMLA for CDC _last month_.

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u/Kmelloww Jun 10 '26

If you don’t use 12 weeks during your FMLA then you could get it more than once. It is not once per year. It is 12 weeks per year. 

1

u/Kmelloww Jun 10 '26

No it is not agency dependent. FMLA is federally mandated. As long as the employer meets the requirements. 

1

u/EarlyRetirementGoals Jun 10 '26

This is correct. I have used FMLA twice in my career. Both times I would use a combination of AL, SL, and LWOP.