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    Help - FMLA not approved?

    Hi, I'm new to this site but not new to MS, diagnosed in 2002. I've been working at my company for 20 years. From 2002 to 2008, I've been completing the FMLA forms and were always approved. There are no changes when my doctor completes them each year and I've never used all of the time that is allotted. However 2009, my company requested additional information and clarification from my doctor. The additional forms they created were completed and after 4 or 5 months it was approved. In March 2010, again the forms were completed, they requested additional information and again they were completed.

    However after multiple meetings with HR, I was told in November 2010 that my FMLA was not approved but they were looking into ADA accommodation. After 2 1/2 months, Friday, February 11, 2011, I was informed in writing that FMLA & ADA accommodation are not approved. However they have created a new position for me, same pay but no longer a Supervisor (something I'm proud of). I've been a Supervisor since 2001, same position and all my reviews are above average. They want me to sign this document stating I agree I'm not approved for FMLA & ADA and accept the new position they are offering. I don't want to sign it because I feel I will be giving up my rights. I do not agree that I'm not covered under FMLA.

    If I lose my job, I will end up on disability, due to my current symptoms. This notification I received on Friday has caused an increase in my current flair up so my doctor took me out of work for a month. I'm scared, frustrated and angry which does not help my MS. Is this legal what they are doing? Can FMLA not be approved? What are my options and who can help me? Please let me know, I'm not ready to stop working.

    #2
    I'd call your chapter of the MS Society and ask them for the name(s) of lawyers who are familiar with the ADA and FMLA. I agree with you. Something is just not right here....
    “The world breaks everyone, and afterward, some are strong at the broken places.” Ernest Hemingway
    Diagnosed 1979

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      #3
      Hi jankel

      However after multiple meetings with HR, I was told in November 2010 that my FMLA was not approved but they were looking into ADA accommodation.
      I'm curious as to what was discussed at these meetings with HR?

      Did they tell you why the FMLA was not approved?

      A couple reasons for non-approval are: if the company employs fewer than 50 employees, or if you didn't work 1250 hours last year.

      Do either of these apply?

      Hope to hear from you.

      Take care,
      KoKo
      PPMS for 26 years (dx 1998)
      ~ Worrying will not take away tomorrow's troubles ~ But it will take away today's peace. ~

      Comment


        #4
        Info on ADA and FMLA

        I was informed in writing that FMLA & ADA accommodation are not approved. However they have created a new position for me, same pay but no longer a Supervisor (something I'm proud of).
        Hi jankel:

        Sorry to hear your are going through a rough time.

        I have gathered some information for you that might help.

        May I ask, what was the accommodation you asked for? An accommodation to be approved has to be reasonable and do not cause undue hardship to the employer. It looks to me that they either re-structured your job or reassigned your job. Both are considered reasonable accommodations under the ADA.

        Here's a link with information about ADA and reasonable accommodations: http://www.eeoc.gov/policy/docs/acco...ion.html#types

        On to the FMLA. By law, "Employees are eligible for leave if they have worked for their employer at least 12 months, at least 1,250 hours over the past 12 months, and work at a location where the company employs 50 or more employees within 75 miles. Whether an employee has worked the minimum 1,250 hours of service is determined according to FLSA principles for determining compensable hours or work." A work accommodation under the ADA has nothing to do with FMLA entitlements.

        Here's the weblink to the US Deptartment of Labor with information regarding FMLA: http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

        The information is quite lengthy, but worth reading.

        Good luck, hope you feel better. Please post any other questions you might have.
        First episode with third pregnancy
        On my fourth med: Tysabri since Jan 2013
        Proud mommy of three children

        Comment


          #5
          While it's unlikely they'll disclose the real things going on behind the scenes, they are required to tell you why you were denied.

          And as far as I know, there's nothing stopping you from reapplying. Of course, they may deny you again, but that's something you'll have to take into account.
          "I know that I'm not my illness, but some days it seems so overwhelmingly difficult to cope that I put on that label and wear it like a coat." -Anonymous

          Comment


            #6
            Thank you all for your replies, they are appreciated. My instincts tell me that they just want to get rid of me and I believe there is a case. However some Lawyers that I've spoke to do not appear to be interested which blows me away considering the ridiculous cases you hear on the news. My company which believe it or not I like and enjoy working there and don't want to cause any harm etc, this is not about getting rich. It's about the principle and if I could get a lawyer to agree to take the case, I would donate the money to the MS Foundations. It's not that I don't need the money cause we do but I'm a little strange and don't want it to be about the money.

            My belief is what happens to the next person? Seriously, they (HR) have caused so much stress since I've been diagnosed that I believe is the reason why I'm so bad right now. For example, I have Severe heat intolerance and my doctor ended up writing 3 letters stating the situation to have me work in area that is cooler around 70 degrees which is reasonable. My work area was too hot it would fluctuate from 74 to 78, sometimes higher. I believe they were playing with me because other areas in the building were normal and cooler. Yes I requested to be moved, I have 5 fans in my office, I found portable air conditioners and provided them with many suggestions to make it easier on everyone. Instead it would be lowered for a little while then the temperatures would go up again. I had to start the process all over again with requesting them to lower the temperature. They would again have to investigate (would take weeks or months) then it would be fine for a while. This has been going on for more than 5 years.

            Please keep in mind that I'm salary and averaged between 45 to 50 hours with some hours working at home. I have a lap top so I was able to work from home when needed. Also my work was never an issue, all my reviews are excellent. No verbal or written warnings, and nothing in my file against me. I was not out a lot, on the contrary I always carry over accrued time so that is not an issue either.

            The FMLA or accommodation that was requested is to arrive later in the mornings. The mornings are very difficult for me. It takes hours for my brain to start working. I get up at 5:45 A.M. for work and start getting ready. However it takes me forever with my eyes messing up on me, my balance being off, legs not cooperating never mind the ability to think straight. I would leave for work any where from 9 to 11 AM but always stayed late at night to make sure I worked at least 8 hours a day. So it's not that I would go in late and leave with everyone else at 5. They also knew that and knew I could prove the hours I worked. I always get my work done and the quality is above average. I'm guessing they do not like the idea that I come in later then most people. It doesn't make sense to me but that's what it is.

            They are claiming it is denied because it is not technically a "leave" because I make up the time. However my contention is that it is because I'm not working my scheduled hours of 9 to 5. To me anything that deviates from your work schedule that they can say your "late" would be covered under FMLA. FMLA is there to "protect" your position which is why we request it. If I'm not covered under it, they can fire me for what ever reason they want, i'm like everyone else when reality we are not. We work harder at doing our jobs then the regular people but they can not see that because no one really understands MS. We look and act like everyone else because we learn to hide our symptoms and don't want pity. We understand what we need to do if we want to work, which I love working. We don't have an illness that people can see so they don't believe there is anything wrong with us. Most people are visual therefore they do not understand. To me it's just sad because I know I will not be able to get another job. It's this or permanent disability. I've even told HR that stating that with out the accommodations they are basically putting me on disability. Where can you find a job that will work with you on the temperature for your area and arriving late sometimes, never mind the days you may not be able to work? As I mentioned I've been with my company for 20 years, many prior to being diagnosed with MS.

            Sorry it's long but appreciate your thoughts and ideas.

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