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FMLA

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Crohn's Disease
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mom1760
Regular Member
Joined : Oct 2006
Posts : 87
Posted 9/2/2007 9:25 PM (GMT -6)
I have worked for my company now for almost 6 years and when I first got sick I had to transfer from our health center to our home health department due to time constraints.I now have a 5 year who started kindergarten and a 2 1/2 year old who goes on wed to get fitted for leg braces and My husbands grandmother (who is 74) has been watching them.Well I needed to change to 3-11 to take care of my kids and to take care of myself,and our company had a job posted for 3-11 so I applied for it.when I first got sick I had my gall bladder taken out through the ER and it wasn't planned and i had to take time of work and it ended up being almost 3 weeks due to my lab work and everything else so i missed some work.Well my employer called me back and had me come in and meet with them they then proceeded to tell me that they weren't going to offer me the position because I had attendance issues before i transferred to home health(i didn't have my fmla yet) and because not that i am covered under the FMLA that they felt that they couldn't offer me the job.I have been with this company almost six years and it hasn't even been a year since i got diagnosed and they are already using it against me.I don't know what to do I am in a pickle I need to be home to watch my kids while my husband works and I feel I should be the one helping my daughter to adjust to her new braces and not my 74 year old grandmother and our school levy failed so we have no school bus service So I figured it would help me out just to change shifts.What should I do?????????????/
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sassyone
Regular Member
Joined : May 2004
Posts : 120
Posted 9/2/2007 11:12 PM (GMT -6)

Mom, 

I would definitly apply for interminent FMLA as soon as possible.  Due to both your and childs needs for medical attention, I doubt that your physician would have an issue with granting it.  This allows to you call in to work whenever you need to due to the medical condition permitted in the FMLA application.  This protects your job in a big way.  You cannot be repremanded for time loss due to the medical condition provided it is less than 90 days in one year (if you are full time).  You will need to re-apply, I believe every 6 months, but it is not a major deal, but you need to protect yourself just in case you have one of those nasty employers.  My brother got into a bad auto accident last year, I told him to apply, but he refused, and they replaced him due to his illness.  Without the FMLA protection, you have no recourse.  With the FMLA protection they can replace your position but are required by law to keep you on staff and at the exact same wage no matter what the position is (even if it a lesser position). You are not required to tell your employeer your reason for the FMLA, only your HR department and when you call in to work to tell them that you will not be in, you still need to give the required notice, but just to tell them that it is due to your FMLA on file.

I hope that this helps, but some others may have more information for you, this is just my experience with my staff over the last few years.

Good luck and good health!  D

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gachrons
Veteran Member
Joined : Mar 2007
Posts : 4527
Posted 9/3/2007 5:40 AM (GMT -6)
Hi Just wondering if there was another parent to help with the getting your daughter to school .Is the Grandma able to look after your little one? You have a few years left before she starts school perhaps another babysitter would help.lopl gail
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MishBall2
Regular Member
Joined : Apr 2007
Posts : 345
Posted 9/5/2007 2:17 PM (GMT -6)
FYI: I had an employee who asked to change her hours because she had no one to care for her kids. We declined her because we didnt need someone at that time frame. She won unemployment compensation after a hearing.

I know it doesnt solve your current problem, but even if you have to quit for this reason, I suggest fighting for unemployment (assuming you are in the states)
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mom1760
Regular Member
Joined : Oct 2006
Posts : 87
Posted 9/5/2007 8:02 PM (GMT -6)
I talked to my employer and they were willing to work me and i now have wednesdays off and thats when i do all my drs appt for me and my daughter.They had no problem with me dropping done a day .They were actually more appreciative of me wanting to stay with the company and lower my hours due to drs.We all know about going to the doctor don't we.That's my home away from home.
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gachrons
Veteran Member
Joined : Mar 2007
Posts : 4527
Posted 9/6/2007 3:21 AM (GMT -6)
Hi Hope that works for you having that mid week break might be just the thing to help you with your home responsibilites and be there for your daughter. lol gail
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