Told to Convert Intermittent FMLA to Continuous

Hiya! Sorry if this is a long and confusing post!

I'll start with the basics: I am approved for intermittent FMLA, 5 days per week, 1 full day each time, basically covering an entire work week (to the best of my knowledge, correct me if I'm wrong, but that is what my paperwork from my doctor states)

I am going through some very serious health issues I don't really want to get into, but basically: I didn't see doctors enough as a child and I'm now paying for it with many diagnoses, medication trials, severe side effects, and mental health issues.

Regardless, I have been off for about 4 work weeks as I have been attending specialist appointments, taking medications that very seriously mess with me, and dealing with severe side effects from said medications.

My FMLA and paperwork was approved through a third-party vendor connected to my company. I got an email earlier today saying, however, that because my absences are continuous in nature, they want me approved for continuous FMLA rather than intermittent. This is retroactive in nature, as my intermittent FMLA was approved as 5x a week, 1 day per flare up (5 work days, a full work week).

To the best of my knowledge, using my employee handbook, the documents from the third-party, the medical documents, and all the information given to me, I cannot see why this needs to occur. I am using my FMLA as prescribed to me as I deal with my situation. This change will significantly disrupt much of my life, as I will need to reapply for STD, Oregon PLO, etc., and similarly, it forces me to use my time all at once rather than being able to come and go as need be.

I am assuming this may be because of some sort of miscommunication between me, my HR department, and the third-party. I will be sending a lengthy email to the third-party, but my company has locked me out of all of my company systems, so I cannot communicate with HR as of right now.

I don't really know if there are any such policies in place about how much intermittent can be taken at a time before it becomes continuous, but regardless, that knowledge was not make clear to me by anyone, though I am now being punished for such.

Does anyone have any advice as to best handle this? I have an email drafted for the third-party for Monday morning when they are back in the office, and an email drafted for the prescriber that gave me FMLA just in case, but regardless, is it proper for an HR department to push me onto continuous leave in this case? Am I somehow violating intermittent FMLA?

Thank you in advance! Sorry if this is convoluted. Please feel free to ask any follow-up questions as needed!

Jobadvisor

This is a stressful situation, but you're handling it thoughtfully. Here's what you should know:

The core issue

There's no federal FMLA rule that automatically converts intermittent leave to continuous leave based on how many days you use. The distinction is about the nature of your need, not the volume of your usage. If your condition genuinely requires intermittent leave (flare-ups, appointments, medication side effects), you're entitled to use it that way — even if you happen to need it nearly every day.

Are you violating intermittent FMLA?

Almost certainly not. Your doctor certified a need for up to 5 days/week, 1 day per episode. You're using it exactly as certified. Using intermittent FMLA frequently isn't a violation — that's what it's for.

Why they might be pushing this

A few possibilities — none of which necessarily mean you did something wrong:

• The third-party administrator may have an internal policy or workflow trigger that flags patterns that look continuous
• Your employer may prefer continuous leave administratively (easier to track, fits STD/PLO better)
• There may be a genuine misunderstanding about your medical situation
• Oregon PLO or STD coordination requirements may be complicating their process

What to push back on in your email

Your instincts are right. Key points to make:

1. Your leave was properly certified by your physician for intermittent use, up to 5x/week
2. You are using leave within the scope of the certification, not outside it
3. The conversion would materially harm you (forces all leave at once, triggers STD/PLO reapplication, disrupts your treatment flexibility)
4. You are requesting a written explanation of the specific legal or policy basis for the conversion
5. Ask them to clarify whether this is a requirement or a suggestion

The system lockout is worth flagging

Being locked out of company systems while simultaneously being asked to respond to a leave status change is a real problem. Note this in your email to the third party, and document when the lockout occurred relative to when you received this notice.

Oregon-specific note

Oregon PLO (Paid Leave Oregon) runs concurrently with FMLA when both apply, but the conversion to continuous could affect your PLO claim structure. It may be worth contacting the Oregon Bureau of Labor and Industries (BOLI) if this escalates, as they have a leave law enforcement arm.

You're not in the wrong here. Keep everything in writing, stay calm and factual in your emails, and explicitly ask for the legal/policy basis for any change they're demanding.

 Overtime Calculation Question: Holiday Pay + 46 Hours Worked

I'm trying to determine whether any of my Saturday hours should be paid as overtime. My company currently wants to pay me regular pay for all 8 hours on Saturday... which I think is wrong. Please advise!

Currently location: California

Monday (Memorial Day)

- Company holiday. I automatically receive 8 hours of holiday pay.

- I also worked from 1:00 PM to 7:00 PM (6 hours).

- My company pays 1.5x for hours worked on holidays.

Tuesday–Friday

- Worked my regular schedule: 9:00 AM–6:00 PM with a 1-hour unpaid lunch.

- 8 hours worked each day.

Hours worked:

Monday: 6 hours (paid at 1.5x)

Tuesday: 8 hours

Wednesday: 8 hours

Thursday: 8 hours

Friday: 8 hours

Total hours physically worked through Friday: 38 hours

Saturday

- Worked a full shift: 9:00 AM–6:00 PM with a 1-hour unpaid lunch.

- Total worked: 8 hours

Total hours physically worked for the week: 46 hours

My question is:

Since I physically worked 46 hours during the week, should 6 of my 8 hours on Saturday be considered overtime and paid at 1.5x? Or does the holiday pay and/or holiday premium pay on Monday affect how overtime is calculated?

Jobadvisor

Based on California labor laws and the guidelines set by the California Division of Labor Standards Enforcement (DLSE), your company is legally correct in paying you regular straight-time pay for your $8$ hours on Saturday. You are not entitled to additional overtime pay for those Saturday hours.

Here is a detailed breakdown of how California law applies to your specific schedule and why you are not being shortchanged.

1. The $8$ Hours of Automatic Holiday Pay

Under both California law and the federal Fair Labor Standards Act (FLSA), paid time off for holidays, vacations, or sick leave does not count as "hours worked" when calculating weekly overtime. Overtime thresholds are strictly triggered by hours physically worked.

Because you did not perform labor during those $8$ hours, they are completely excluded from your weekly overtime calculation.

2. The $6$ Hours Worked on Monday & The "Anti-Pyramiding" Rule

You physically worked a total of $46$ hours during the week ($6$ hours on Monday + $32$ hours Tuesday–Friday + $8$ hours on Saturday). Under standard rules, working $46$ hours means you exceeded the $40$-hour workweek threshold by $6$ hours, which would normally trigger $6$ hours of overtime pay at a $1.5\times$ rate.

However, California law strictly prohibits "pyramiding"—which means double-counting the exact same hours to trigger multiple premium rates. Under the landmark California appellate court case Advanced-Tech Security Services, Inc. v. Superior Court (2008), courts established that an employer is entitled to credit a contractual holiday premium payment (like the $1.5\times$ you received for working Monday) against statutory weekly overtime obligations.

Two Ways to Look at the Math

To see exactly how this works out on your paycheck, you can look at the math in two identical ways. Let's assume an exemplary base wage of $\$20$ per hour:

Method A: The Straight-Time Accumulation Method

Only hours worked at your regular straight-time rate count toward the $40$-hour weekly limit. Because your $6$ hours on Monday were already compensated at a premium rate ($1.5\times$), they are set aside from the straight-time calculation.

• Tuesday–Friday: You accumulated $32$ straight-time hours.

• Saturday: Your $8$ hours on Saturday brought your weekly straight-time total to exactly $40$ hours ($32 + 8 = 40$).

Because your straight-time hours did not exceed $40$, your Saturday hours remain at your regular straight-time rate.

Method B: The Premium Credit Method

If we map out your total earnings, the $1.5\times$ premium you already received on Monday offsets and satisfies the overtime requirement for the week:

What you received from your company:

• $8$ hours of unworked holiday pay: $8 \times \$20 = \$160$

• $6$ hours worked on Monday (at $1.5\times$ holiday premium): $6 \times \$30 = \$180$

• $32$ hours worked Tuesday–Friday (at $1.0\times$): $32 \times \$20 = \$640$

• $8$ hours worked on Saturday (at $1.0\times$): $8 \times \$20 = \$160$

• Total Gross Pay: $\$1,140$

What California Law strictly requires:

• $8$ hours of unworked holiday pay: $8 \times \$20 = \$160$

• $40$ hours of regular straight-time work: $40 \times \$20 = \$800$

• $6$ hours of weekly overtime work (at $1.5\times$ for exceeding $40$ hours): $6 \times \$30 = \$180$

• Total Legally Required Pay: $\$1,140$

Summary

Because the $6$ premium hours you received on Monday completely cover the $6$ hours of overtime you earned by working a $46$-hour week, your employer does not have to pay you a second premium on Saturday. Paying you straight time for Saturday satisfies all California labor code requirements.

For water heater repair, they wanted a tip

Our water heater died, it's just under 2 years old. I called for warranty service and they came out today. He tells me it's finished and going to email me the invoice to pay online. So we're standing there together and I get the email.... There is a place for a tip and suggested percentages.

Since when are we expected to tip repairman?! They were here less than an hour, over $200 cost for labor on a hot water heater that's under warranty, and they want a tip?!?!

Jobadvisor

That's a frustrating situation — and a pretty common complaint these days. Tipping prompts have spread well beyond their original context (restaurants, where tipped workers often earn below minimum wage) into almost every service transaction, a phenomenon sometimes called "tip creep."

For a warranty repair technician, there's a solid case that tipping isn't expected or obligated:

• They're typically paid a normal hourly or flat rate, not a tipped-worker wage
• The work is transactional/professional, like a plumber or electrician
• You're already paying $200+ in labor on a warranty job (which is itself a separate frustration)
• The tip prompt is almost certainly auto-generated by whatever invoicing software they use — the tech probably didn't set it up and may not even see whether you tip

The tip screen is a feature of apps like Square, Jobber, or Housecall Pro that businesses turn on, often without much thought. It doesn't necessarily reflect the tech's expectations or the company's policy.

Skipping the tip is completely reasonable here. If the service was genuinely exceptional and you wanted to, a small cash tip would be a personal gesture — but there's no social norm being violated by leaving the digital prompt blank.