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FMLA and Medical Leave - What you need to know

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    FMLA and Medical Leave - What you need to know

    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 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

    #2
    One more thing!

    It's important to find out if you live in an "at-will" state or not.

    An "at-will" state is a state such as Georgia where the employer can terminate employment at any time without notice. Also, you can quit at any time without notice.
    "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


      #3
      Hey, thanks for the informative post!

      I especially liked the part about being good at what you do so you are recognized as an important part of the business. Imo accomocations are something we may be entitled to but when I think of how it effects our coworkers and the company's bottom line I think it is important to be a valuable employee.
      He is your friend, your partner, your defender, your dog. You are his life, his love, his leader. He will be yours, faithful and true to the last beat of his heart. You owe it to him to be worthy of such devotion.
      Anonymous

      Comment


        #4
        Also make ABSOLUTELY sure that you fill in any paperwork that lists the days and times you have used for FMLA. I'd always called my manager and the call out line but with my memory issues I'd forgotten a day here or there on my report at the end of the week.

        Unfortunately, the company was laying people off like crazy and they used that lapse to fire me. Even though that very morning I'd asked my manager to check and make sure that I'd done everything correctly. He said yes. One hour later and HR was with him calling me into the office and making him fire me. I think that he was as upset as I was. Because of my fatigue at the time, I missed a bit of work but I was good at what I did (inbound call center for long term care insurance) and I got along with everyone.

        Now it's not just fatigue but also other things stopping me from working, however, I do miss that job. HR over there might make me grumble but all of my coworkers and my boss were fun wonderful people.

        Comment


          #5
          Just filed FLMA

          I just filed FMLA this past week. I was diagnosed the end of August and my symptoms are not under control yet, as a matter of fact, they have gotten worse mainly, the spasticity/pain; extreme fatigue and cognitive issues. My job is very demanding. I'm an executive assistant to the general counsel and CFO at a software company. About three months ago, my work load was reduced which helps, but there are still times when I need to go home. At my yearly eval last month, everything was fine and they are willing to work with me. Only problem is absence which led me to HR and the FMLA. Not only did I not want to use all my vacation leave for doctor visits (dr. is 2 hours away) or to go home when I'm having a really bad day, but I also really needed my boss to see that MS is real. Just so you know, I've only missed 5 days since being diagnosed.

          I've always been open with them since I had been dealing with health issues for the past three years and after my diagnosis. The problem was is the that old "me" keeps showing up for work. You know, the one that works through the bad days, can show everyone that the MS isn't affecting your work, that "me." Even though I've done a lot at work to lower the stress and work load, the old "me" keeps wanting to pop up. Even though I have been open with my boss, I don't think he really believes me because I stick it out at work. I'm very good at my job, but the areas that I rely on the most is my ability to multi-task, follow instructions and keep ahead of things. Friday, I learned that I will no longer work for the CFO, only the General Counsel. This is actually great. The stress will be gone and hopefully the symptoms can become manageable. But it is also sad because I enjoy working for the CFO as well.

          As I mentioned, I did file the FMLA last Tuesday and did speak opening with my boss about it showing him the form from my MS doc. Reading what the MS doc wrote really hit home for my husband and even for myself, especially the part that stated "rest of life." My boss was glad I filed it and he is willing to work with me as long as the absences don't start to hurt my work. The key part of my job is to keep my boss on top of things. If I can't do that, then I can't do my job. And he was very clear that he would find somewhere in the company that I would be able to work. He was very optimistic that I will be working for him until I quit and I am fortunate that he is so willing to work with me.

          By filing the FMLA, I feel that it legitimizes the MS with my boss and I don't have to feel like I have to explain why I need to go home. Even though I've been open with him and my MS doc even offered to talk with my boss, I still needed to file the FMLA. MS symptoms aren't always visible and I'm my worst own enemy. I'm trying to keep proactive in my job, and filing the FMLA is part of that. I've also worked with HR the past couple of months on what steps I should be taking. The FMLA won't protect me from being fired, but it has brought me to the next step of acceptance of the MS. Baby steps and patience. I'd much rather take giant steps and be impatient.

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