FMLA Questions

[lori]

Do you have knowledge of applying for FMLA?
My husband is an editor of a small paper that is part of a large media company. I've been on SSDI for 10yrs and am essentially quadriplegic. We both feel the impact of fulltime stressful job and caregiving may lead to serious health consequences for him. From reading the provisions, it seems he should qualify for reduced hrs.

Thank you for any help you can provide
lori

[GardeningMSer]

FMLA

Do you have knowledge of applying for FMLA?
My husband is an editor of a small paper that is part of a large media company. I've been on SSDI for 10yrs and am essentially quadriplegic. We both feel the impact of fulltime stressful job and caregiving may lead to serious health consequences for him. From reading the provisions, it seems he should qualify for reduced hrs.

Thank you for any help you can provide
lori

if you google FMLA the top page is the Department of Labor's page.

A key part is that your husband can get 12 weeks of leave in a year to care for you.

The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
Twelve workweeks of leave in a 12-month period for:
the birth of a child and to care for the newborn child within one year of birth;
the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
to care for the employee’s spouse, child, or parent who has a serious health condition;
a serious health condition that makes the employee unable to perform the essential functions of his or her job;
any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;”

There is a right of return defined in several places on the site, here's one

You must be reinstated to the same or an equivalent job with the same pay, benefits, and terms and conditions of employment on your return from
FMLA-protected leave. (If your leave extends beyond the end of your FMLA entitlement, you do not have return rights under FMLA.)
• If you do not return to work following FMLA leave for a reason other than: 1) the continuation, recurrence, or onset of a serious health condition which
would entitle you to FMLA leave; 2) the continuation, recurrence, or onset of a covered servicemember’s serious injury or illness which would entitle
you to FMLA leave; or 3) other circumstances beyond your control, you may be required to reimburse us for our share of health insurance premiums
paid on your behalf during your FMLA leave.

Note - FMLA is unpaid, if your H has unused sick leave and/or vacation he might want to use it before he applies for FMLA.

Some employers will insist on his using vacation and possibly sick leave
http://rapidlearninginstitute.com/hr...ulations-paid/


His employer needs to have 75 employees within 50 miles of your H's worksite.

Please google and read, there is a lot to learn.

FYI my wife will be using FMLA starting in February because of her mother's illnesses.

[lori]

Thanks for the reply. I did read the text of the FMLA and saw one line that said for "medically necessary care". I know there is a difference between pallative care and medical care. I was hoping my condition would qualify him for reduced hrs.

It's good to hear your wife got FMLA for her mom. I am worried in this difficult time for employers (esp newspapers) that would use any vague terms in the bill to deny his application. We are fortunate to not need his full paycheck, so maybe it could help their bottomline.

thanks again

[MSW1963]

I think FMLA includes costodial care of those needing assistance for Activities of Daily Living.

Costodial care is not medical care, but probably includes dosing or administering medication.

I don't think it's pallative care either, which to my understanding is level of care provided similar to hosice care.

The care being provided must be due to a medical condition, ie medically necessary

[traceyco]

Employment blues!!

I am a 43 yr old woman who recently being diagnosed with MS! My husband has a job, but we are trying to pay all our bills and it is difficult for us! Recently, I tried to find work, but because I have not worked since 2009, I think it will be hard to get a job in my field, counseling. I have not got hired and I did not know my walking looked so unstable. I work horrible, looking like I am either on drugs or alcohol, neither is true! Anyway, I went to DARS in my home town, but they give you a psychological assessment before they give you any help! Well, I was told by MS society, that they are the way to get your disability. I write back to let everyone know if this helps me get my disability!

[quietposter]

Dear Lori,

You are correct. There is a difference in type of care that qualifies or disqualifies an applicant for FMLA. However, if your doctor documents that you are having a flare and he needs to be there to take care of you, I believe he would qualify. Also, and maybe it was already said, (because I skimmed the other entries) is that he must first qualify for the FMLA based on hours worked during the year and he must apply for the FMLA as soon as reasonably possible. The employer will give him paperwork to fill out. While it is true that companies under 50 do not have to offer FMLA, many do. So it's worth it for him to ask if this is the case.

One last thing, there are different ways to offer FMLA, one way is 12 weeks per year, the other is a rolling 12 weeks. This will affect when and how he can take his time. Another option for him to try, instead of reduced hours, is intermittent FMLA which is also sometimes allowed based on how the employer structured the plan. This would allow him FMLA for a few hours or a few days per week as opposed to one block of time all at once.

One more option not related to your husbands FMLA, but to his work options. If he has not done so already, he should look at whether his company offers flex-schedules or if possible, work from home options. Sometimes even shifting the schedule an hour, can work wonders for people.

I hope this helps somewhat and I also hope your hectic home life finds a balance soon.

[pennstater]

Lori,

I recently applied for FMLA for myself in the event I need it. My primary thought was for the intermittent leave for the numerous medical related appointments and the unrelenting fatigue. My company though counts paid short term disability towards the FMLA cap of twelve weeks. I am also required to use all vacation time prior to using any FMLA time - it's a fairly common practice by large employers.