New Topic Post Reply Printable Version
[ << Previous Thread | Next Thread >> ]

TiaJoy
Regular Member


Date Joined Sep 2006
Total Posts : 59
   Posted 9/11/2007 1:14 PM (GMT -7)   
I have been trying to get a fmla form from my employer to keep on file at work. From what I understand and maybe I'm incorrect, It is to protect me from when or if I have to take time off. I have been having a horrible time at work lately but I haven't called off at all. but when other people do, the manger gives them a  hard time and threatens to make them bring in a dr excuse. well, some days i have to work 10-11 hours on my feet, without time for breaks and my body is screaming to slow down. anyways, i finally got a hold of the human resource manager and expained what I needed and was informed that she doesnt have anything like that. what I needed to do is get a note from my dr stating what my limitations are and when i call off I have to get a dr note. well, how am I suppose to say what my limitation are when what they are one day may not be what they are the next. And I thought the whole point of it was to protect my job and not have to get an excuse for just 1 day. I called the ms society, and was told that fmla law states that that they have to let me take days intermitenly(sp?) if needed, but after three days the company can require a dr excuse. which is fine, if I need 3 days off then I probably need to see the dr. I dont know where to go from here. has anyone had experience with this before. Any advice would be greatly appreciated.
Thanks
Jen

uppitycats
Veteran Member


Date Joined Jun 2005
Total Posts : 2135
   Posted 9/11/2007 1:25 PM (GMT -7)   

Here is the official website that explains the Family Medical Leave Act:

http://www.dol.gov/esa/whd/fmla/

First of all, is your company big enough to even be required to provide it? There have to be at least 50 employees, so many small companies are exempt.

Then, if your company is required to provide it, you should be able to use it intermittently...but you do understand that the days off are without pay?  And while a company isn't supposed to fire anyone for using it, they will likely try to work around it and fire you if you take off too many days, even intermittently, especially if you don't get your job done, or if your absence puts a greater burden on your co-workers.

No, the reason for the FMLA isn't to extend sick leave for YOU, necessarily, but to allow you time to care for others in your family who might be ill.  If indeed YOU need the time off, you might need to be thinking about ways you can ask for "reasonable accommodation" to do your job, under the "Americans with Disabilities Act", or ADA --

but then, you would have to declare your disability to your employer, and indeed, disclose what your limitations are.

From  your post it sounds like your human resource person is confusing the FMLA with the ADA, and is asking you to comply with the requirements of the ADA, which can be found here:

http://www.eeoc.gov/facts/fs-ada.html

You also need to understand that the ADA isn't a job guarantee either. While employers are not supposed to fire you because you have a disability, they can and will fire you if you cannot perform your job, even with reasonable accommodation. And it will be up to you to figure out what that reasonable accommodation might be, and get your employer to agree with it.

These are very tricky laws to comply with, and as I said earlier, not all employers have to abide by either of them. You probably need to read them both carefully, and consider your job situation, before trying to invoke either of them in your situation.


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


uppitycats
Veteran Member


Date Joined Jun 2005
Total Posts : 2135
   Posted 9/11/2007 1:29 PM (GMT -7)   

I just went and read most of the FMLA pages...and indeed it could cover you -- but with lots of restrictions. It's really meant to cover the employee if you had, say, a surgery scheduled, knew that next month you  had gall bladder surgery and needed the time off..not as a fill-in for sick days.

Anyway..read through those pages and see if you can convince your employer--assuming the company is large enough -- to allow you the time. But note you'd have to comply with his "3 days and a doctor's note" thing, and any other restrictions already in place.

Good luck.


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


doodle67
Regular Member


Date Joined Sep 2007
Total Posts : 20
   Posted 9/11/2007 2:16 PM (GMT -7)   
The Family and Medical Leave Act (FMLA) allows covered employees to take up to twelve weeks unpaid leave of absence per year and requires employers to protect the employee's job and continue health beneifts coverage during the periods of leave. Some states offer laws similar to FMLA that are different than FMLA. If you live in a state that does offer a different leave regulation from those of FMLA, the employer is required to give you the benefit of whichever law offers the most generous protection. In order to qualify for FMLA, the employer must have 50 or more full or part-time employees on the payroll. In order for the employee to be eligible for FMLA, the employee must: (10) worked for the employer for at least 12 months (2) have worked 1,250 hours during the last 12 months (3) worked in a location where the company has at least 50 employees working within a 75 mile radius of the location. All three must be met.

The employer must give notice to the employee of whether, and how much, the time off will count towards FMLA. Requirements for submitting the medical certification and the consequences for failure to do so. Letting the employee know of their right to substitute paid leave such as vacation and sick days. Whether they require a medical certification of fitness to return to duty upon the employee's return from medical leave. The employee's right to restoration to their old position or an equally equivalent position upon return. If you are declared a "key employee" under FMLA (top 10 of salaried employee pay range) you may not have the right to return to your previous position. Any requirements may to the employee for their contribution to their health premiums while on leave and the consequences if they fail to do so.

Most Certification of Health Care Provider forms that are completed by the physician for the employee will ask if it is for a chronic illeness. If it will be necessary for the employee to work intermittently or to work on less that a full schedule.

The thing to keep in mind is to find out what exactly is required of you as far as deadlines and paperword and make sure you submit it correctly. Stay on top of the paperwork with your physician to make sure it is timely.

The law is quite specific and complicated regarding what types of health conditions qualify for FMLA leave, but generally it would include inpatient care; periods of more that 3 days where the employee is unable to function normally and under the care of a physician, pregnancy; or other material issues.

Hope this helps. Let me know if you need anything further.

TiaJoy
Regular Member


Date Joined Sep 2006
Total Posts : 59
   Posted 9/12/2007 3:00 AM (GMT -7)   
thank you for all the information, its been a great help. I have a doctors appointment Friday so I will speak to him and see what (if anything) I should do.

TiaJoy
Regular Member


Date Joined Sep 2006
Total Posts : 59
   Posted 9/15/2007 5:52 AM (GMT -7)   
okay, I had my dr's appointment yesterday. He had said he could send in the paperwork to human resources for fmla or whatever it is that they have, or write out limitations for me to give to my manager. They day before, I found out that there possible might be a shake up at work, so in light of that I think I might lay low for right now and if i need to call off the dr will give my an excuse. and when things calm done i will ask for reasonable accommodations. it felt really good that my neurologist was so willing to help me out. before i was diagnosed, I always had weird unexplained things that when I occasionly went to the family drs i was always made to feel that it was all in my head.
New Topic Post Reply Printable Version
Forum Information
Currently it is Monday, December 22, 2014 3:02 AM (GMT -7)
There are a total of 2,302,056 posts in 255,599 threads.
View Active Threads


Who's Online
This forum has 159856 registered members. Please welcome our newest member, fiona.madden.
177 Guest(s), 6 Registered Member(s) are currently online.  Details
THE HAPPY TURTLE, crazyhazeynut, FlossieUK, SuperBlanks, basimelhabashy, Steve n Dallas


Follow HealingWell.com on Facebook  Follow HealingWell.com on Twitter  Follow HealingWell.com on Pinterest  Follow HealingWell.com on YouTube
Advertisement
Advertisement

©1996-2014 HealingWell.com LLC  All rights reserved.

Advertise | Privacy Policy & Disclaimer