going on FMLA - Interstitial Cystitis Network Support Forum

tbokay · 10-01-2005, 05:48 AM

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 · 10-01-2005, 08:58 AM

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 · 10-01-2005, 09:08 AM

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

rachelm · 10-01-2005, 12:50 PM

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** · 10-01-2005, 01:38 PM

What is FMLA?

Babs RN · 10-01-2005, 02:14 PM

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

Dixiefireball · 10-01-2005, 02:40 PM

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 · 10-01-2005, 05:50 PM

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.

rachelm · 10-02-2005, 06:16 AM

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 · 10-04-2005, 02:11 AM

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!

What part of Chronic don't they understand???????

I feel lousy at work now, and I used to love my job.

I hate this disease,
KK

tbokay · 10-04-2005, 11:27 AM

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?

PenguinK · 10-04-2005, 01:39 PM

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 · 10-18-2005, 05:40 PM

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.

ICtheLight · 10-20-2005, 10:01 AM

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 · 10-20-2005, 11:06 AM

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.