going on FMLA

[tbokay]

I talked with my HR director yesterday. She is new to our company this summer, so I informed her about my bladder problem that started a year ago next week (sad to remember that anniversary). I told her I had been diagnosed with IC - and of course, she had no clue what I was talking about. So I informed her and then told her about the diagnosis of urethral polyps that I got this week. I asked what I can do now that we have a diagnosis - is there anything they can document in my file so it doesn't count against me when I call in sick as this is chronic and I am working with various doctors on treatment options.

She said first of all, we are a non-profit organization and the bottom line is that the work has to be done. They understand that people call in due to various reasons including chronic illness, but ultimately, someone has to do the work. That being said, she then suggested I use the FMLA program.

That means that from yesterday forward (won't count for the 3 days I was off in the last 2 wks), if I am unable to work due to bladder pain, surgery, whatever - it will not be count against me ... for up to 12 weeks. Lord! I hope I don't need that much time off!!!! She said it can be used sporadically. It will not count for any other reason such as flu, headaches, car trouble, etc.

I went to tell my asst director and she didn't understand what I was trying to tell her and that the HR Director will talk this with her. I don't want to lose my job over this! HR asked how often I call in in the past 6 months and I told her I had a great 8 weeks but then I called in the last 2 Mondays and then took Wed off for doc appt. I have been keeping track of my hours and it seems to be about every 6-8 wks that I have a day or two off. That doesn't mean I am not at ER or urgent care more often.

I wish I had been told about FMLA before - like when I had my review and my absenses were held against me. I also wanted to tell my asst director that I didn't need the employee assistance program that was "strongly recommended" that I attend - as this is not stress related and my pain is valid! But I bit my tongue and will just save that argument for a later time if necessary.

My next step is writing a letter to that uro, his medical director, and Illinois board of medicine (or something like that) telling him he did me a great dis-service and I believe more harm by not listening to me and doing the repeat scope like I had requested in April. Just thinking about that man makes my blood pressure go up and I want to hurt him.

I have to send the paperwork to my uro/gyn doc for documentation, a note to okay use of certain meds while I work (narcotics if necessary) and a note stating I am not at risk nor is anyone at the blood bank at risk should I need to work with an foley leg bag for a few days if necessary.

Has anyone else used FMLA for IC or other chronic pains? Did I make a good decision by using it - or will this grounds for them to further watch my performance and find other grounds to let me go as I will be an insurance risk to them? In the past, they had been accomodating on most things with me - letting me change my hours to work 2nd job, taking time off for doc appts - I just hope I didn't make a bad decision and mess up their being flexible with me anymore.

oh well - what is done is done .. and let's hope that things have done a u-turn and I am on the road to better days.

[mary124]

You did the right thing. I have used it twice. Once 2 years ago when I was off for 8 weeks for my heart surgery. The other I'm still on it - just had some minor surgery on my hand. It will not go against you, insurance wise, job review wise - if it did I would be in big trouble as long as you are there in the office when you can, and do the work. ( of course it does help to have notes from doctors as I had a supervisor who did not believe that I had to go to the doctor and was in pain all the time so someone told me to get a note and that helped me and I get them updated every year. Since then this supervisor is no longer over me, but still, I do not want to take a chance.)

[Babs RN]

I was on FMLA while I was on bedrest with my pregnancy--for 3 months--and wound up with more support than I had previously. Being a nurse and calling in can affect staffing for the day, so it was better for my co-workers and me that I was at home. I had no issues upon returning.

Hugs,
Barb :grouphug:

[rachelm]

I used FMLA during a really bad 2 month flare when I eventually had the interstim implant surgery. I have 10 days a year for sick/personal leave so if I go over those days then I would use my FMLA again. It is federal law and they can't hold it against you so I think it's a safe way to go. The 12 weeks is per every year I believe so if you need it again next year it starts over.

Rachel

[kadi]

What is FMLA?

[Babs RN]

FMLA is the Family Leave and Medical Act which is a federal law that provides protection for those who are ill or caring for ill family members. It also includes pregancy and adoption. Companies that have more than fifty employees are mandated to allow absences under the act. You have also had to work more than 1,250 hours for the company in the last year. You can take up to 12 weeks a year with documentation with out fear of losing your job--they cannot fire you and you must be given an equitable job on return to work.

Hope that explanation makes sense.

Hugs,
Barb :grouphug:

[Dixiefireball]

I sure wish I'd had knew about this three weeks ago. My husband lost his Job because of taking care of me. He used all his vac. time and sick leave and they swore it didn't count against him but we can't prove it did or didn't.
We called a lawyer for wrongful fireing, but they said it would be a hard case to win with the laws in the state we live in. :( but still know one told us about this problem. If we had of knew maybe they would had been a leg to stand on.

[tbokay]

Sorry to hear that he lost his job, Rhonda.

I am glad I spoke with my HR director as I thought FMLA was only to be used if I needed to take many days off at one time. I was unware it could be used for a day here and there for a chronic condition. It can't be used for any other reason such as getting a cold or having car trouble or any other unplanned day off.

I was upset when I had to take Wed off after the doc appt and thought for sure that my asst director would write me up as in her email to me on Tues she said she "expected to see me in the afternoon". My doc was upset and shocked that I wanted a note to get to work that day, so he wrote a note saying I couldn't work due to the scope and the narcotic pain killer I needed that day. He also told me I needed to decide between my health and my job.

My asst director didn't talk to me at all on Thursday, so that was part of the reason I went to talk to HR too. By Friday afternoon, my asst director was talking to me again like nothing had happened. She is a year older than I am and I think she needs to act more mature about being the boss. I get the impression that she is unsure how to be an asst director. She has only been with the company for a year. My bladder issues and diagnosis came the second week she worked there .. so unfortunately, she has only known me as being ill and taking lots of time off for IC and tests and surgeries to find other sources of the pain.

My mom is the one who ends up taking time off work to be with me at ERs, surgery days and other various doc appts. I will mention to her if she should get FMLA at her job to cover for those days. I know she always has extra days at the end of the year that she has to take and her place seems understanding about taking time off but I have never thought about her taking time off for me could reflect on her too.

It's been a long 12 months, but I think with the most recent diagnosis and with the month of antibiotic I can start remission and more painfree or minimal pain days.

On a side note, I've lost about 8 lbs in the last 2 wks with being too ill and on nauseating pain meds to eat anything. :woohoo:

[rachelm]

Rhonda,
I'm so sorry to hear about your husbands job loss. I can't believe the attorneys didn't discuss FMLA because it is a federal law. I would suggest asking them about it because the state laws cannot overide the federal law of protection. Now I think you have to fill out the forms at the onset of missed days but that should just be a technicality. I hope things will work out for him soon.

Rachel

[PenguinK]

I wasn't aware that we could use the FMLA for IC. I am going to talk to my boss today about my current position. I am a Teaching Assisstant who was placed in a Multiply Disabled Physical Therapy Room with very Physically involved children. I have to admit that I can't do the job, and that's something I would never have thought would come out of my mouth.

I talked to a Union Rep. and know that they can't fire me, but I'm nervous about being moved to another position, and the time it make take to get that approved. I don't want to quit working, but I don't want to hurt myself more than I already hurt.

I hope they understand. Last year when I was diagnosed, everyone was onboard with this. Now, they seem to think it's a new year and I should have "healed" over the summer vacation! :headbang: What part of Chronic don't they understand??????? :cussing: I feel lousy at work now, and I used to love my job.

I hate this disease,
KK

[tbokay]

I know what you mean about work. A year ago (tonight exactly) I started with the severe retention and foley becoming part of my life a few times. At first, everyone would ask how I was doing .. now they look away if I am showing just a little sign of pain or distress.

Although today a couple of people commented that I look like I am feeling better and am walking faster ... wouldn't have anything to do with the 2 1/2 wks of antibiotics I have been on and pain killers? :loco:

[PenguinK]

I just posted on the career thread. I talked to the Principal and he said he can't move me. He seems to understand my pain, but his hands are tied and he can't move me.

I'm going to go to my union rep again, but I don't want to make things bad at work if this stirs something up, but I want what I am entitled to!

We discussed the FMLA and he said we could look into that, but that's unpaid leave and just a bandaide on the problem. I need a less physical position an I shouldn't have as many flares. Problem solved. Sounds easy, doesn't it???
KK

[Le Manneken-Pis]

The FMLA is a life-saver for me. Some companies offer paid, others unpaid. Under federal law companies are only required to offer unpaid FMLA leave. One can take up to 60 days off per year, in as little as 15 minute increments if necessary.

Now I have to figure out how to post a custom picture. :welcome:

[ICtheLight]

Hi,

I posted a question in 20 somethings about salary continuation for FMLA. I am starting DSMO after a really bad flare up and I also have IBS, the doc warned me that symptoms would be worse for first 3 treatments so I opted to go on FMLA for a few weeks. There is an Insurance company that decides if I get paid for the time off. I have never done this before and I am worried that they will not take my claim seriously and I will be out a paycheck.

Any ideas?

[Le Manneken-Pis]

Just be sure that your employer gets you the proper FMLA paperwork in a timely manner and that you submit it back to your employer within their stated time limits. Your doctor will have to fill out the FMLA form. Be sure that every i is dotted and every t crossed, as an employer can reject the request if the form is not filled out correctly. Some employers ask for info you do not legally have to provide, however, watch out for this.

Getting paid for your time off on FMLA is an entirely different matter and should not depend on if your get FMLA, which is guaranteed under federal law.

Good Luck. :bonk:

[tbokay]

I'm still waiting for paperwork from my primary doctor to be mailed to me.

When I asked the HR Director if I have to complete the paperwork every year .. she said this is a "one-time for one year" deal. I don't think she is correct on that as the written policy they gave me says "60days in any ROLLING twelve month period" - which to me means that I can't use more than 60 days in any 12 month period.

Not that is starts over every October but if I were to need surgery soon and need 6 wks off - I would have 6 wks left till next November. Then those 6 wks couldn't be counted against me.

Does that make sense?

[Le Manneken-Pis]

There are two types of FMLA

1) Approval for a one-time short duration. The illness has to be a serious one (e.g. not just a cold) and has to have a minimum duration of 3 days (with a max usage of 60 days per year). Your doctor fills out a form for each incident each time.

2) Long-term periodic intermittant absence. The illness is a chronic one with recurring episodes. In this case the duration of the episode can be shorter than 3 days. This also applies to the need for frequent doctors' appointments, etc. In this case your employer decides the maximum duration of the approval period. I have seen these where a new approval is required every month, every three months, every six month, or every year. In the case of a chronic permanent illness most employers have renewal requirements generally for either six-month or one-year periods. These are generally harder to get than the short-term duration approvals.

It appears that your employer recognizes that you have a chronic illness and is willing to grant you long-term periodic FMLA as they likely expect you to miss work on a regular basis and don't want to go through the paperwork all the time. They appear to be going about it wrong, however. What you could do is indicate on the form that you either want both or just long-term approval. Your doctor would have to explicitly state that you have a serious chronic illness that requires regular treatment and that prevents you from performing the essential functions of your job during these time periods (and your flare-ups also). The form would have to be renewed by your doctor every year. I might suggest that you do this and be careful to have your doctor fill out the form in such a way as to give you the most freedom as possible (e.g. state that you may have flare-ups or need treatment once every few weeks on average). Some employers want very specific info on the amount of times and duration of each time you will be out ahead of time; others are more flexible. If you don't get everything you need the first year, when you renew the form your doctor can broaden the request, if necessary (actually, you don't have to wait out the year to do this).

The employer determines the length of the renewal period and when it begins and expires. Although you might have your first absence in November, if your employer sets January 1st as the beginning of the yearly time period your count of 60 maximum days begins then and ends on December 31st. Keep in mind that you don't have to take FMLA one whole day at a time, however, you may take it in smaller increments. It sounds as though in your case you can start your 60 day period at any time, however, so long as you do not exceed 60 days at any point during any one-year time period.

This is not to be regarded a legal advice. You can search the internet; there are a few good FMLA sights out there. Also, you can contact the U.S. Dept. of Labor, Wage and Hour Div. and they will send you a complete and exhausting FMLA guide (keep it in the bathroom!).

[PenguinK]

Prayer works!! :angel:

I prayed over this situation with my TA position and sure enough by the end of that week I was reassigned along with many other TA's in a district-wide reassignment.

I am now in a regular education Kindergarten with a wonderful, understanding teacher and a really nice class of students. :) I have had a good two weeks, with a little bit of pelvic floor spasms starting yesterday, but atleast I could sit when I needed to.

I am interrested to hear about the continued salary on FMLA. Keep us posted. I will pray for all of you to get the answers you need in you lives.

Peace, :angel:
KK

[ICtheLight]

It sounds like you really know what you are talking about.

My situation is a bit strange because the insurance co. that handles the salary continuation also fills out all the FMLA paperwork for me so I never see it.

Reading some FMLA guidelines from a university HR dept.; My circumstance appears to be covered as it is a chronic condition that meets the requirements of FMLA. Also a period of absence to receive multiple treatments (including a period of recovery therefrom)...for a condition which, if untreated, would likely result in a period of incapacity for more than three consecutive days. Is covered by FMLA.

This is heartening but I still wonder how the insurance company will call it.

The sad part is that worrying about my paycheck is adding to my sleeping problems! :headbang:

[ICtheLight]

Thank you for your support KK.

I am sure I am not the only one in this position so when I get an answer I will post it.

[Le Manneken-Pis]

" . . . also fills out all the FMLA paperwork for me so I never see it."


You have a legal right to see it--ask them for a copy; and it is your doctor who is suppose to fill out the paperwork, not them. Some companies like to just call the doctor themselves and talk to them. I would avoid letting them do this; best to let your doctor use their own words and get everything in writing.

Once again, the FMLA guarantees time off, but not pay. The company you work for determines if they want to pay you or not; if you are under a collective bargaining agreement, your union contract will determine if you are paid or not.

[ICtheLight]

Thanks,

They are also asking for all my records. I am confident that the description of my condition and the treatments should be enough. I am not sure how to stop them from talking to the MD though. I assume then they must be sending FMLA paperwork to the MD separately? No union sadly.

My company is very people friendly, they just changed insurance companies for salary continuation/FMLA so this may be almost a test case. I am prepared to fight if I have to. I will ask for a copy of the records, you are quite right.

[Le Manneken-Pis]

They have no right to "all [your] records," at least not for FMLA purposes. They also have no right to talk to your doctor unless you give them that right (read any form they give you to fill out very carefully and make sure you are not signing away this right). The DOJ FMLA guidelines only require you to reveal enough medical infomation that is sufficient to show that you have a serious illness. This is normally done in writing by your doctor. e.g. for IC the doctor could write (on the form) something like: "Patient has Interstitial Cystitis [and related disorders]. This is a permanent condition where the patient will experience chronic periodic flare-ups of her condition resulting in disabling pain that may prevent her from performing the essential functions of her job during these flare-ups. Flare-ups may occur 1 - 2 times per month and last from 2 - 4 days on average. Patient may also need time off for medical appointments and treatments. Patient is taking prescription drugs for these conditions."

That is all that it is necessary for the doctor to write to meet the federal guidelines. Your company can ask the doctor if you are on prescription drugs, but they cannot ask specifically what drugs you are taking (if you have prescription drug coverage through your company's insurance, then that is a different matter, but it should have nothing to do with FMLA questions).

The company has a right to "confer" with your doctor for "clarification" purposes, but they do not have the right that this be verbal. You should specify that if clarification is needed that the company should write to your physician and that he/she will write back. Ask to have this correspondence copied to you.

Be careful to meet the time guidelines your company has established to have all the paperwork submitted, otherwise they can deny you the leave. Have your doctor fax back the forms to your company and make sure he/she keeps a record of the fax date and time. Also, you should verify every time something is sent if your company has received it, etc. Document, document, document!!

Ask your company for a copy of their FMLA procedures. Don't let them confuse the salary and FMLA issues. Get the FMLA approved and then if they insist on contacting your doctor to decide if they want to pay you for your time off let them do that later. Don't let them use the salary matter as an excuse to forsake your FMLA privacy rights. If you have everything in writing then you have nothing to hide and nothing to worry about. Then they will have to justify their decision if they decide not to pay you.

Finally, be very patient and don't let it get to you if you encounter road blocks in the process. Even if your leave is denied for inadequate information they must give you the right to provide missing information and, of course, nothing prevents you from reapplying. Be cordial and friendly but firm.

[ICtheLight]

Thank you for the good advice.

[Le Manneken-Pis]

You are welcome.

[emilyrose197377]

Rhonda I am sorry your husband lost his job.

[sweetpea2555]

Hi! I agree with using the intermittant FMLA if you can. The first time you are off work, you have to miss at least three days, then after that if you only need one day, you can take one day off for bad flares. As long as your doctor is willing to work with you, I think it is a good idea. It is good your company understands about your ic. I used FMLA when my ic was out of control and my company also asked for all my records. Lots of luck!

[B-Lo]

TLC (The Learning Channel) is in the process of making a TV series about adoption and is looking for pregnant birth mothers who are interested in sharing their story. For more information, contact Natalia at: NGarcia@asylument.com
We can't wait to hear from you!

[ICtheLight]

Hello,

Because of hurricane Wilma my doctor is only facing the documentation to the insurance co. today, but it is still within the timeframe. I am concerned about the salary continuation as the doctor must demonstrate by their findings that you are unable to perform your job. Since I have nebulous symptoms like severe pain discomfort fatigue and bathroom visits that would make working miserable but not impossible. the doc is not writing any specific reason why I am unable to perform the duties of my job. (e.g can't lift etc)

This is my fourth week out I stand to lose one and a half paychecks if my claim is denied. The insurance co. did not send any forms to the doc just a request for my charts relating to my period of absence. The man at the insurance company will not comment until he receives the paperwork. I am also going to ask my GI for IBS to fax docs relating to that condition as it was the IBS in combination with the IC treatments that really made me feel awful.

Meanwhile this whole month I have been worried about this stupid salary continuation and FMLA situation because no-one could tell me upfront if it could be covered.

Venting but also open to comforting suggestions.

[saptree]

I learned about FMLA when I was pregnant. I have been on FMLA for three years. Once for pregnancy, and for the past two years for IC. My company has a form they use and I have my dr fill it our for a chronic illness that requires multiple treatments. Its also written that if I'm in pain from a flare, I should not- and can't work. That way its open-ended with no restrictions. How it works in my company is that it becomes a blanket dr note. Then there are no unexcused absences. My company has an employee health dept and they are the only one who sees the paperwork. So, when I call in- I say FMLA. I get twenty paid sick days and the rest are unpaid- max of 12 weeks. This year I had my papwekork filled out in March and it was made retroactive to Jan 1st. I use it for dr appointments- so I don't have to make up the time- which is a major drain- especially when getting treatments weekly, I have used it twice for bad flares- one was after my first DMSO treatment. The main thing is to not abuse it. I know they say that the FMLA absences can't be heald against you, but they always are- they are always in the back of your supervisor's mind. Especially in situations where the dept metrics are to use no more that 5 sick days. This year so far I have used 17 sick days- three for flus, and several when my son was sick, and many partial days for uro visits. The form can also be fillied out to care for your child or family member. I didn't do that this year- its just for myself. I just get a note from my son's dr when I have to care for him.
It has saved me a ton of grief! I wish I knew about it my first year at the company. I was working four 10hr days to have a day off for PT visits. I can't believe I made up all that time. It was counterproductive to the illness.
I always tell my bosses and co-workers that yeah, I take time from work, but I would much rather be at work than being tortured with treatments and suffering in pain. I remind them that its not fun and I have to live with it the rest of my life, and I remind them what I can't eat, and I tell them that I envy them because they don't live their life in constant pain and can eat, drink, have sex and do whatever they want. ie- I give them the sob story. And remind them my toddler has bad asthma too.
Sherry

[Le Manneken-Pis]

You have to work some 1250 hours over a 12 month period (and continue to do so) before you can qualify for FMLA after you begin a job. So you would not have qualified for FMLA during your first year until you had worked at least 31 & 1/4 weeks without absence.