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tropical dreams
Regular Member


Date Joined Sep 2006
Total Posts : 76
   Posted 2/13/2007 6:40 AM (GMT -6)   
Hi Everyone,
 
Has anybody ever used the FLMA for yourself?  If so what was your experience with your employment etc?  It is something I am considering so I can manage my pain better but not sure if I will have a job after.
 
Thanks
***Carla***
 
EVERY DAY I WAKE IS A NEW POSITIVE BEGINNING
 
Dx 08/02/06 MS
Betaseron
Citalopram
Gabapentin


Sandy C.
Regular Member


Date Joined Feb 2006
Total Posts : 129
   Posted 2/13/2007 7:57 AM (GMT -6)   

I know for a fact  that I would not have a job without it. Once you have it, the ADA act  is there to protect people with disabilities. FLMA is simply for your work to provide "reasonable" accomadation. If you are talking about simply taking some time off work, your employer would find it in their best interest to NOT fire you with utilizing FLMA.

Hopes this helps, Uppty knows a lot about this topic, more then I do, that is for sure...


Sandy C.
Diagnosed with Multiple Sclerosis September 2003 currently taking Rebif, Cymbalta 60mg PO QD, and Provigil 200mg PO BID.


uppitycats
Veteran Member


Date Joined Jun 2005
Total Posts : 2135
   Posted 2/13/2007 8:41 AM (GMT -6)   

FMLA -- Family Medical Leave Act and ADA -- Americans with Disabilities Act are two separate and distinct programs, with different qualifications and guidelines to follow.

NEITHER is any sort of "job guarantee" or job insurance, however.

Both are applicable only to larger employers, so you need to find out if your company has enough employees to be covered by either or both programs.

FMLA time can be used for your personal health issues, but usually only after you've used up other sick leave and vacation, and a key here: you won't be paid while on Family Medical Leave, but your job should be protected.  Just be sure you know what your company requires you to document while you're on it.  If you end up using up all your vacation, sick leave AND the days allowed with FMLA, you can be dismissed.  And if you're "vital" to your company, they'll find ways around the requirements and dismiss you if you're not there enough to do your job.

ADA won't apply to your situation unless you've disclosed to your employer (immediate supervisor, "human resources department", whatever other titles there are, out there) that you are disabled, and are asking for "reasonable accommodation". And it's the employee who has to suggest what that might be for the employee to do his/her job.  If the employer agrees, and meets the accommodation, it's still up to the employee to perform the work to the same level of competence as before the accommodation, or the employee can be fired.

If you type in either of these programs into Google, you'll come up with their official websites that will spell out all the things you have to do to meet the requirements necessary to apply for these. You'd need to find out whether your company has enough employees to be covered, and then find out who in your company is the one who administers the program for your company.

People often think that the ADA especially is a "job guarantee for disabled people". It's not. If you really can't do the work well enough to suit your employer, *even with reasonable accommodation* '-- and again, YOU are the one who has to figure out what that might be, AND your employer has to agree to it -- then you can be fired.  What YOU might think of as "reasonable accommodation" might not be "reasonable" to the boss, and if you can't negotiate the differences, you can be dismissed. 

So before you go to talk with your employer, you should carefully read any employee manual that you might have now, read the web sites, ask questions, and seriously consider whether you really can do the job you're now doing. And if not, what might be a "reasonable accommodation". And if there aren't, then what....



...I am not a doctor, nor health professional, and don't pretend to be one, here.....

Post Edited (uppitycats) : 2/13/2007 7:44:43 AM (GMT-7)


tropical dreams
Regular Member


Date Joined Sep 2006
Total Posts : 76
   Posted 2/13/2007 2:31 PM (GMT -6)   
Thanks for the replies. My work does qualify and offers FMLA. Neuro won't lower pain med dose and wants me to try every other day. Well with one dose I am asleep for 15 hrs so I don't know how every other day can work for me unless I am home. I am in so much pain now that all I want to do is crawl under a rock and stay there, it's a catch 22. I am grabbing for a miricle , I was thinking maybe a month is all I need to get used to he med. I don't know, but thanks anyway.
***Carla***
 
EVERY DAY I WAKE IS A NEW POSITIVE BEGINNING
 
Dx 08/02/06 MS
Betaseron
Citalopram
Gabapentin


uppitycats
Veteran Member


Date Joined Jun 2005
Total Posts : 2135
   Posted 2/13/2007 3:46 PM (GMT -6)   
tropical dreams said...
Thanks for the replies. My work does qualify and offers FMLA. Neuro won't lower pain med dose and wants me to try every other day. Well with one dose I am asleep for 15 hrs so I don't know how every other day can work for me unless I am home. I am in so much pain now that all I want to do is crawl under a rock and stay there, it's a catch 22. I am grabbing for a miricle , I was thinking maybe a month is all I need to get used to he med. I don't know, but thanks anyway.

If your work does qualify, then you need to talk to whatever is the equivalent of your human resources department, explain the situation, and see what they can work out.  I don't know how many days FMLA will give you, but maybe a combination of those days and sick leave and vacation will give you the month off.  You could always come back early if you feel better!
...I am not a doctor, nor health professional, and don't pretend to be one, here.....


MSBLESSED
Regular Member


Date Joined Feb 2007
Total Posts : 70
   Posted 2/14/2007 10:05 PM (GMT -6)   
Great questions and great answers! I'm in the same boat with the FMLA thing. I'm working 6 hour work days now am struggling with that. Something that my job offers (thank you JESUS) is that people can actually donate time to each other. Well my father was dx with cancer back in 2005 and just passd away on January 13, 2007. I had used all my sick, vacation and any other time I could find. Well a fellow employee sent out an e-mail on my behalf and asked for people to donate time. Isn't that awesome! Anyway, I ended up with 3 entire months of vacation time donated to me! If there is a will, there is a way. Research, research, research. Be careful asking too many questions to your HR department though. Try to find as much as you can online first. I found out that I must work a min of 120 hours a month to be considered FT and keep my benefits. Those are the kind of things to look up and ask about. I'll be praying for you, (and me) that we can get through this!

tropical dreams
Regular Member


Date Joined Sep 2006
Total Posts : 76
   Posted 2/15/2007 1:20 PM (GMT -6)   
Hi Ms Blessed,

I know that the Hospital does not have short term disability only long term and I don't have that. So the only thing left for me would be the FMLA which they have. I don't have much PTO days not even 40hrs worth. It would be difficult financially but better for me health wise. I was thinking maybe a month or month and a half to get used o my pain meds. Took one around 10:45pm when got home from work went to bed shortly and didn't get up till after 1pm. I know my body needs to adjust to it and when I get home at 6am that's is when I take all my meds but then need to be back at work for 5:30pm so it's not feasable for me to take the Lyrica on my working days UGH!!!!! There is no way I can cut back on my hrs:(

That is awesome about the donation of time to you, I can tell you are loved. So sorry about your Dad, my Dad had cancer and surgery end of 2006. He is being watched right now and has already told us if it comes back he will not do anything about it as he doesn't want to go through all that. He said at 77 he has lived his life. So I feel for you as that is what I will be facing, when, who knows?

Take care and lots of hugs to you
***Carla***
 
EVERY DAY I WAKE IS A NEW POSITIVE BEGINNING
 
Dx 08/02/06 MS
Betaseron
Citalopram
Gabapentin


Kimber
Veteran Member


Date Joined Jun 2005
Total Posts : 1852
   Posted 2/15/2007 5:22 PM (GMT -6)   
Hi Carla,
 
    I'm sorry you are having a rough time, and I hope you get adjusted to the meds quickly!!  Everyone has pretty much explained the process of FMLA but also you need to talk to your doctor about it as well since he's the one whos gonna have to fill out the paperwork as to the why and how long.  I also use FMLA, not for myself, but to take off when my husband is having problems and can't stay at home by himself. I've never had any problems using it.  I wish you luck! 
 
 
Kimber
 
Co-moderator for Multiple Sclerosis
 
Allow Healing Well to continue to help others, clink link for details
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