So... I'm new to this forum and I'm also new to MS (I was diagnosed last year around June) but I'm not new to my job which I've been at for six years as of next month.
I'm a supervisor for a call center working with one of the largest cell phone companies in the world. When you get irate and want to speak to a manager, you're asking to talk to me.
That said, most of my job does not involve dealing with the customers but moreso managing the staff and the litany of paperwork and laws surrounding that.
So let's talk about some of the things going on with FMLA and LOA and hopefully this can be a general guide for what you need to know to legally protect yourself and what your rights are as an employee.
Let's start with the big one most of you are already familiar with: FMLA.
The Family Medical Leave Act is a federal act designed to protect the employment of people with medical conditions, personal needs or issues that might otherwise jeopardize their employment due to repeat or extended absences.
That said, FMLA can't really protect your job the way a lot of anti-discrimination laws do. You can still be fired. But it certainly pressures employers not to do so as it virtually guarantees a win on the side of the employee in an unemployment hearing. In other words, if you get fired, you can pretty much rely on getting that unemployment check. Employers know this, and since they pay a sizable part of that check, it's to their benefit not to let someone go over something like that. They will have to use other means.
A little secret about your job:
Unless you work for a small business, your job doesn't want to fire you in general if they will lose unemployment hearings. A lot of places have several layers of Human Resources with oversight as to who can and can't be terminated and the criteria are pretty strict from minimum wage workers to highly salaried workers (and this is even more true the larger the company and higher the pay).
Anyway, FMLA can provide some job security but don't rely on it, especially given the fickle nature of approval required to have it. I say that because if an employer fires you, your FMLA time may not be the reason they use in a hearing. Understand that unemployment hearings are actual court proceedings complete with a federal employee acting as a judicial arbitrator. You have to swear to tell the truth and all of that. Also, unemployment laws vary state to state so it can't hurt to read up on your local laws.
That said, what does FMLA provide?
Well, in general, what it provides for employees is what is called "intermittent leave," that is, being off of work as needed.
Now there are two main designations for this kind of leave.
One is for doctor visits and the other is for incapacity.
As the first one implies, doctor visits are for visiting the doctor. Sorry... it really is that simple. Your workplace may require notice.
The second is incapacity. In the case of that, you can take time off when needed to stay home or go to the doctor or be hospitalized or whatever your needs may be. With incapacity you are awarded 12 weeks at 40 hours per week or 480 total hours of incapacity.
However, sometimes, they may allot less than that! Or in certain kinds of usage! For instance, I have an employee who is allotted 4 hours per day up to 4 days per week. Anything outside that is not covered and could void the claim.
This time would be unpaid unless your workplace has policy stating otherwise or you are allowed to apply vacation time or some such thing to your absence. Even salaried employees such as myself do not get paid at most jobs if FMLA for incapacity is used. Your employer policies may vary.
Typically, you are allowed to take any segment of your day from an hour to the entire day as needed but always be very aware of your bank of hours. Once it's gone for the year, it's gone. That's all the government provides as protected. Also, it's worth noting that anything less than an hour is still considered a full hour. I know that seems kind of silly but that's the way it's constructed.
FMLA also covers care-givers so if you are parent caring for a child or a child caring for a parent or some other circumstance, you can apply for and be approved with the right kind of documentation. Your HR department can assist you with that as it can be trickier. I do apologize for my lack of details with that.
There are other things that FMLA covers or is involved with but they don't really have a bearing on MS so I'll leave those subjects like military leave alone.
As to the application process...
The application process requires you contacting your Human Resources department or the individual at your job responsible for these types of things (in smaller jobs, it's usually the person who handles payroll) for your FMLA application.
The package will likely include a section for military leave that can be discarded if it's a separate form. Usually, there are two forms you will need. One is for you to fill out and the other is for your doctor or primary care facility. This is not a time to try and get over on your company. This type of documentation is looked at closely and taken very seriously. Just be honest and consider what your needs actually are. One of the reasons claims are denied is a person asked for more time then they actually need.
Usually, the people responsible for the decision have a kind of matrix of various common maladies with the amount of time allotted for the situation broken down so for diabetes it may be one thing and Parkisons may be something else. Usually, these allotments are not shared with employees and if you think about it, that makes sense. They want you to take the amount you need, not the maximum amount specified by the guidelines. If the number you and your doctor are requesting is approximate to their estimation, the claim is usually approved. Again, results may vary with your workplace.
You must take your paperwork to the doctor so it's advisable (and this is experience speaking here) to make an appointment for the next few days. Call for that appointment before you apply. The reason is that these are time-sensitive documents. They are required two weeks (that is, 14 days, not business weeks) of grace period to turn in the paperwork but you can apply for an extension of an additional 14 days if there are complicating factors such as hospitalization time. Also, your workplace may allow more time. That's just the minimum legal requirements. Think about it. If you have two weeks and you can't get a doctor's appointment before then, you probably won't be able to fill it out.
You can still drop the paperwork off at your doctor's office but that is not advisable. Also, request your doctor fax the material to the appropriate place when complete and retain the copy for yourself if at all possible. This will speed up your approval.
Now let's discuss being denied.
The most common cause of claims being denied is lack of paperwork justifying the claim. That is to say, not turning it in by the deadline. Usually, the doctor is fine with approving whatever you request if it's legit. But people drag their feet or forget. Don't be that way! Turn it in ASAP!
If you have been denied, that doesn't mean you can't apply again. There is no limitation I'm aware of for the number of times you apply.
Also, most workplaces will not count absences during the application process against you. Again, express due diligence and read that employee manual! Knowledge will only assist you in the path you need to take!
If you are denied, start up another claim immediately! Follow the procedure and make sure it's all correct! The second most common reason claims are denied is that a person requested the wrong kind of leave or their doctor did not fill it out correctly. Believe it or not, many people fill out the Military Leave Form for medical leave and then have their claim denied. Read that form carefully! They look identical where I work except for the info at the top!
If you were denied for some other reason, contact your HR department and find out why. Much of it is just a bad line on the form here or there that can simply be corrected because you or your doctor didn't understand it.
If you still can't get it approved, don't fret. Most workplaces offer Medical Leave in addition to FMLA. Apply for that and check out all the options available to you. I can't give a good guide for that as it is completely up to your workplace as to what their policies are.
Now, after you are certified...
Most employers require a certification process. I've already discussed doctor visits requiring notes earlier so it should be understood that you will likely need to provide an official script from your care provider that you were in their office. This is normal and your doctor will know exactly what to provide. ALWAYS GET A COPY just in case something happens! But turn in the original as most notes have hidden watermarks voiding the note if you photocopy it. It's just in case something happens to the original. Or even better, request two copies. Most doctors aren't expecting that request but it's easy and they should go along with it.
Typically, your job will have an internal department or a third party company that you call on days you are absent and you will have to give information about how many hours you did or will miss and what days and whether it's for incapacity or doctor's visits. This would be in addition to any call-in policy. At my workplace, you have two business days (meaning Saturday and Sunday are excluded) to certify. Don't fail to do so. Not certifying can lead to denial of your claim later.
Again, keep very careful track of the number of hours you use and total it up as you go.
Some general advice about maintaining a good working relationship when you have FMLA or leave...
Most employers are understanding and eager to work within the constraints of the law and protect your job. These days, the fear of discrimination suits and so forth has them very keenly aware of employees with all sorts of issues that could inhibit their ability to perform their duties. Make no mistake. Having an illness does not make you what the federal government designates as a "protected class," but you do have some leeway with employers in general, if only for the unemployment info I already went over.
However, it's to your own detriment to bridge the gap created by your absence. Whether you flip burgers or run Powerpoint presentations or whatever it is you do, remember, your employer has you there for a reason and really needs you there. They rely upon your training, experience, expertise and often, most of the time, they like having you around (if you're lucky and handle yourself well).
So understand that being absent really is a problem for them.
That's why it's in your favor to be as efficient and good at your job as possible if you are on FMLA. You want to make your relationship as rock solid as possible and make it as clear as possible to your boss and your staff that you are invaluable. This will help smooth it over when you are not there. I don't say this to mean you should be manipulative. Be genuine. But be good at what you do in every way possible. Exhibit that extra effort and strive to stay far ahead of deadlines. Because when you are not there, it will be harder to meet them.
One last important tidbit:
One of the most difficult things about explaining FMLA is that the rules are not completely the same for every job. So there's a lot I can't completely address in this guide for the sake of your company's policies being different from mine and so forth. Consider this more a general guide and you should still read up on your local labor laws, the state labor laws and your company's policies regarding medical leave and so forth. Most companies have some sort of employee handbook that would certainly cover all of this but your Human Resources department is your best resource for questions and concerns.
So in summary:
1) Get the paperwork done under 2 weeks and read it carefully.
2) Keep track of how much time you use.
3) Go above and beyond on your job so it's not as impacting when you are out.
4) Read your state, local and company rules/laws/etc. and be familiar with them.
Well, that's my general guide. Any mistakes made were wholly on me and I apologize.
If you have any questions, please feel free to ask and I'll answer them as best as I can. I've been a supervisor for four years and have been on FMLA in the past (haven't needed it lately, thankfully although I did write this as I am home sick with the yearly pollen we get down in Georgia/Carolina).
I'm a supervisor for a call center working with one of the largest cell phone companies in the world. When you get irate and want to speak to a manager, you're asking to talk to me.
That said, most of my job does not involve dealing with the customers but moreso managing the staff and the litany of paperwork and laws surrounding that.
So let's talk about some of the things going on with FMLA and LOA and hopefully this can be a general guide for what you need to know to legally protect yourself and what your rights are as an employee.
Let's start with the big one most of you are already familiar with: FMLA.
The Family Medical Leave Act is a federal act designed to protect the employment of people with medical conditions, personal needs or issues that might otherwise jeopardize their employment due to repeat or extended absences.
That said, FMLA can't really protect your job the way a lot of anti-discrimination laws do. You can still be fired. But it certainly pressures employers not to do so as it virtually guarantees a win on the side of the employee in an unemployment hearing. In other words, if you get fired, you can pretty much rely on getting that unemployment check. Employers know this, and since they pay a sizable part of that check, it's to their benefit not to let someone go over something like that. They will have to use other means.
A little secret about your job:
Unless you work for a small business, your job doesn't want to fire you in general if they will lose unemployment hearings. A lot of places have several layers of Human Resources with oversight as to who can and can't be terminated and the criteria are pretty strict from minimum wage workers to highly salaried workers (and this is even more true the larger the company and higher the pay).
Anyway, FMLA can provide some job security but don't rely on it, especially given the fickle nature of approval required to have it. I say that because if an employer fires you, your FMLA time may not be the reason they use in a hearing. Understand that unemployment hearings are actual court proceedings complete with a federal employee acting as a judicial arbitrator. You have to swear to tell the truth and all of that. Also, unemployment laws vary state to state so it can't hurt to read up on your local laws.
That said, what does FMLA provide?
Well, in general, what it provides for employees is what is called "intermittent leave," that is, being off of work as needed.
Now there are two main designations for this kind of leave.
One is for doctor visits and the other is for incapacity.
As the first one implies, doctor visits are for visiting the doctor. Sorry... it really is that simple. Your workplace may require notice.
The second is incapacity. In the case of that, you can take time off when needed to stay home or go to the doctor or be hospitalized or whatever your needs may be. With incapacity you are awarded 12 weeks at 40 hours per week or 480 total hours of incapacity.
However, sometimes, they may allot less than that! Or in certain kinds of usage! For instance, I have an employee who is allotted 4 hours per day up to 4 days per week. Anything outside that is not covered and could void the claim.
This time would be unpaid unless your workplace has policy stating otherwise or you are allowed to apply vacation time or some such thing to your absence. Even salaried employees such as myself do not get paid at most jobs if FMLA for incapacity is used. Your employer policies may vary.
Typically, you are allowed to take any segment of your day from an hour to the entire day as needed but always be very aware of your bank of hours. Once it's gone for the year, it's gone. That's all the government provides as protected. Also, it's worth noting that anything less than an hour is still considered a full hour. I know that seems kind of silly but that's the way it's constructed.
FMLA also covers care-givers so if you are parent caring for a child or a child caring for a parent or some other circumstance, you can apply for and be approved with the right kind of documentation. Your HR department can assist you with that as it can be trickier. I do apologize for my lack of details with that.
There are other things that FMLA covers or is involved with but they don't really have a bearing on MS so I'll leave those subjects like military leave alone.
As to the application process...
The application process requires you contacting your Human Resources department or the individual at your job responsible for these types of things (in smaller jobs, it's usually the person who handles payroll) for your FMLA application.
The package will likely include a section for military leave that can be discarded if it's a separate form. Usually, there are two forms you will need. One is for you to fill out and the other is for your doctor or primary care facility. This is not a time to try and get over on your company. This type of documentation is looked at closely and taken very seriously. Just be honest and consider what your needs actually are. One of the reasons claims are denied is a person asked for more time then they actually need.
Usually, the people responsible for the decision have a kind of matrix of various common maladies with the amount of time allotted for the situation broken down so for diabetes it may be one thing and Parkisons may be something else. Usually, these allotments are not shared with employees and if you think about it, that makes sense. They want you to take the amount you need, not the maximum amount specified by the guidelines. If the number you and your doctor are requesting is approximate to their estimation, the claim is usually approved. Again, results may vary with your workplace.
You must take your paperwork to the doctor so it's advisable (and this is experience speaking here) to make an appointment for the next few days. Call for that appointment before you apply. The reason is that these are time-sensitive documents. They are required two weeks (that is, 14 days, not business weeks) of grace period to turn in the paperwork but you can apply for an extension of an additional 14 days if there are complicating factors such as hospitalization time. Also, your workplace may allow more time. That's just the minimum legal requirements. Think about it. If you have two weeks and you can't get a doctor's appointment before then, you probably won't be able to fill it out.
You can still drop the paperwork off at your doctor's office but that is not advisable. Also, request your doctor fax the material to the appropriate place when complete and retain the copy for yourself if at all possible. This will speed up your approval.
Now let's discuss being denied.
The most common cause of claims being denied is lack of paperwork justifying the claim. That is to say, not turning it in by the deadline. Usually, the doctor is fine with approving whatever you request if it's legit. But people drag their feet or forget. Don't be that way! Turn it in ASAP!
If you have been denied, that doesn't mean you can't apply again. There is no limitation I'm aware of for the number of times you apply.
Also, most workplaces will not count absences during the application process against you. Again, express due diligence and read that employee manual! Knowledge will only assist you in the path you need to take!
If you are denied, start up another claim immediately! Follow the procedure and make sure it's all correct! The second most common reason claims are denied is that a person requested the wrong kind of leave or their doctor did not fill it out correctly. Believe it or not, many people fill out the Military Leave Form for medical leave and then have their claim denied. Read that form carefully! They look identical where I work except for the info at the top!
If you were denied for some other reason, contact your HR department and find out why. Much of it is just a bad line on the form here or there that can simply be corrected because you or your doctor didn't understand it.
If you still can't get it approved, don't fret. Most workplaces offer Medical Leave in addition to FMLA. Apply for that and check out all the options available to you. I can't give a good guide for that as it is completely up to your workplace as to what their policies are.
Now, after you are certified...
Most employers require a certification process. I've already discussed doctor visits requiring notes earlier so it should be understood that you will likely need to provide an official script from your care provider that you were in their office. This is normal and your doctor will know exactly what to provide. ALWAYS GET A COPY just in case something happens! But turn in the original as most notes have hidden watermarks voiding the note if you photocopy it. It's just in case something happens to the original. Or even better, request two copies. Most doctors aren't expecting that request but it's easy and they should go along with it.
Typically, your job will have an internal department or a third party company that you call on days you are absent and you will have to give information about how many hours you did or will miss and what days and whether it's for incapacity or doctor's visits. This would be in addition to any call-in policy. At my workplace, you have two business days (meaning Saturday and Sunday are excluded) to certify. Don't fail to do so. Not certifying can lead to denial of your claim later.
Again, keep very careful track of the number of hours you use and total it up as you go.
Some general advice about maintaining a good working relationship when you have FMLA or leave...
Most employers are understanding and eager to work within the constraints of the law and protect your job. These days, the fear of discrimination suits and so forth has them very keenly aware of employees with all sorts of issues that could inhibit their ability to perform their duties. Make no mistake. Having an illness does not make you what the federal government designates as a "protected class," but you do have some leeway with employers in general, if only for the unemployment info I already went over.
However, it's to your own detriment to bridge the gap created by your absence. Whether you flip burgers or run Powerpoint presentations or whatever it is you do, remember, your employer has you there for a reason and really needs you there. They rely upon your training, experience, expertise and often, most of the time, they like having you around (if you're lucky and handle yourself well).
So understand that being absent really is a problem for them.
That's why it's in your favor to be as efficient and good at your job as possible if you are on FMLA. You want to make your relationship as rock solid as possible and make it as clear as possible to your boss and your staff that you are invaluable. This will help smooth it over when you are not there. I don't say this to mean you should be manipulative. Be genuine. But be good at what you do in every way possible. Exhibit that extra effort and strive to stay far ahead of deadlines. Because when you are not there, it will be harder to meet them.
One last important tidbit:
One of the most difficult things about explaining FMLA is that the rules are not completely the same for every job. So there's a lot I can't completely address in this guide for the sake of your company's policies being different from mine and so forth. Consider this more a general guide and you should still read up on your local labor laws, the state labor laws and your company's policies regarding medical leave and so forth. Most companies have some sort of employee handbook that would certainly cover all of this but your Human Resources department is your best resource for questions and concerns.
So in summary:
1) Get the paperwork done under 2 weeks and read it carefully.
2) Keep track of how much time you use.
3) Go above and beyond on your job so it's not as impacting when you are out.
4) Read your state, local and company rules/laws/etc. and be familiar with them.
Well, that's my general guide. Any mistakes made were wholly on me and I apologize.
If you have any questions, please feel free to ask and I'll answer them as best as I can. I've been a supervisor for four years and have been on FMLA in the past (haven't needed it lately, thankfully although I did write this as I am home sick with the yearly pollen we get down in Georgia/Carolina).
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