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Can you use intermittent FMLA to reduce work schedule?

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    Can you use intermittent FMLA to reduce work schedule?

    Hi All,

    I'm struggling with fatigue, which in turn isn't helping my already diminished cognitive ability. After the last relapse, by boss mentioned possibly using FMLA to reduce my work schedule (shorter days, day off each week, or even a week off per month - whatever seems to work). His theory is that it may help me with stability and also that he can plan better if he knows when I will be out as opposed to going out off/on on STD.

    I have neuro appointment in 2 weeks and will review where I am with results of neuropsych and how I am feeling.

    I know my boss' proposal has some down sides (reduced pay, less contributing to SS, lower LTD if I needed, etc...) as well as the risk the time won't be there if I have a relapse.

    Does anyone know if you can legally use MS Fatigue to reduce your work schedule? Or could HR come back and say that I no longer have the ability to do my job and use it as a basis to terminate at some point?

    Thanks for any insight. Getting to that critical question as to whether I can continue to work. I know many have struggled before me with this question.
    Kathy
    DX 01/06, currently on Tysabri

    #2
    FMLA can be applied for in advance each year and used as needed intermittently for doc appointments, sick days, etc., or when extended leave is needed for up to 12 weeks FMLA leave annually.

    Just a word of cautio and something you should consider, reducing work hours/schedule can result in your employment status changing from a full time employee to a part time employee. This could affect your eligibility for benefits, and lower income based on part time work.

    LTD replacement income is based on your income at time you become disabled, which could result in LTD replacement income based on Part Time reduced salary.

    Sounds like a nice poss, you're a lucky employee. Good luck with your leave and recovery.

    Comment


      #3
      Does anyone know if you can legally use MS Fatigue to reduce your work schedule?

      That depends entirely on your MS docs' willingness to recognize that fatigue is diminishing your endurence and ability to continue working full time.

      Employer's are not qualified to make a medical determination about the effects of MS fatigue, or any other MS sx or illness. FMLA is an odd combination of medical practice and employment law.

      If your employer did not have a part time position to offer or none available, that might be a consideration. That does not appear to apply in your case since your boss proposed reducing your work schedule.

      Comment


        #4
        Thanks for the reply. Neuropsych cautioned against FMLA and day off. He said OK for short term but employer could later use it to indicate not capable of performing job if use on chronic basis. Lots to think about. Can't wait for neuro next week. I appreciate your input.
        Kathy
        DX 01/06, currently on Tysabri

        Comment


          #5
          pennstater, your neuru psych seems to at lease be aware of what's at risk in terms of your employment status. I remember the look of outrage, shock, horror on the face of one of my first MS neuro's when I held out my STD form. He was really insulted that he or anyone in his practice would be lowered to a standard groveling for STD!

          Although I'm not convinced that federally protected FMLA can be be 'twisted' as an argument supporting termination by an employer. But I'm not second guessing anyone when it involves chronic illness and securing one's employment.

          Hope you recover soon and very best of luck

          Comment


            #6
            Out of FMLA, LTD eligibility question

            To all those who have traveled the murky waters of LTD, a big thanks for sharing your experiences and insight. I have learned lots.

            MSW1963 - Thanks for the responses.

            I have been struggling more and have been back to work, then out again. So I am now out of FMLA, but have 14 weeks left for STD. So in theory, my boss could post my position.

            My company runs FMLA concurrent with STD - beginning in April, I have now used 12 weeks. So I guess I may be making the decision to retire - my neuro supports it.

            I met with a rep from HR to understand eligibility for LTD. I was eligible before under prior policy, but they changed insurance carriers 1/1/2012.

            The wording says that is now my coverage effective date (1/1/2012), but the policy has vague wording on pre-existing exclusion. It states they will try not to exclude for this reason, as long as loss occurs 2 years from coverage effective date.

            Since I won't make it to 1/1/2014, if they deny me based on that clause, then I will have to fight it and make sure that they covered no employee the past two years that had prior history of other illnesses (heart disease, cancer, etc...).

            It also appears to be in conflict with the company's benefit statement that indicates that basic employer paid STD/LTD not impacted by pre-existing conditions, but that employee paid additional LTD coverage is. I found another conflict as well, which HR agreed to and is getting the policy wording corrected. However, on this one, HR has still not responded to determine my basic eligibility. I just want them to ensure that I am eligible, of course, subject to the medical evaluation by the LTD carrier.
            Kathy
            DX 01/06, currently on Tysabri

            Comment


              #7
              I agree with you about the confusion that often occurs at the corporate HR level versus the insurance carrier, sometimes several previous carriers.

              Seems there should be a grandfather clause for those with x number of years employment with LTD coverage should not be subject to a pre-ex clause already met, in some cases many years ago.

              If I understand your LTD coverage, there is an LTD portion provided by the company, and a ?buy-up? option? you pay for, for better coverage for things like higher percentage of replacement income/benefit amount? or shorter waiting periods for benefit payments to begin?

              I would be cautions about relying entirely on HR to interpertate a LTD insurance contract. The insurer writes the LTD contract, has licensed agents required by law to service employees, and only the insurer will be reviewing your claim for approval or denial, usually not HR.

              HR's role as the cheerleader for the company, selling the image of parental provider who's got your back, until your claim for LTD benefits is denied by the insurance company. I often wonder if the 'confusion' is by design.

              Comment


                #8
                Thanks again for the response. Everyone I have spoken too believe the same as you - that I should be grandfathered in. I am working on getting some lawyer information as well, should I need it.

                I am still waiting to hear from HR, but have also requested a copy of the full policy from the plan administrator. Once I receive that, then I will contact the carrier with any questions.

                My company had a basic employer paid LTD, which is 60%. To certain salary grades and above, they also offered a supplemental employee paid which would sit on top of your salary.

                By the time I became eligible to purchase the additional coverage, I had already been diagnosed. So for any MS related disability, I am not eligible for the additional percentage. However, if another condition was the result of the disability, then I would have been. Once out on LTD, I can no longer purchase the additional coverage after 6 months, nor am I eligible for conversion policy. It's no big loss, since it would only have been useful if I went back to work at some point, which I don't think will occur. But then again, one never knows what the future brings and what medicines may make it feasible again.

                I'll let you know how things evolve over the next few months. Thanks again.
                Kathy
                DX 01/06, currently on Tysabri

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