Serpentina Solis ([info]serpentinasolis) wrote in [info]hip_domestics,
2009-04-19 22:05:00
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FMLA and missing work

Hi guys. I'm going to make this as brief as possible.

Saturday I missed a day of work to go to the urgent care clinic and ultimately the ER per doctor's orders. I have not be fully diagnosed yet but I suffer from chronic headaches/possible migraines and it is starting to affect every aspect of my life. Very frustrating stuff. That absence Saturday was the last one and I may or may not get fired (my manager is out until this coming Saturday).

Now to top it off I have HORRIBLE cavity pain (Dr says its unrelated but we'll see). My work schedule is the same hours when my dentist is open so I would have to miss work to get it taken care of (I've already seen the dentist on this - now its a matter of actually getting the work done). If I miss another day I pretty much won't have a job. I know every work place is different but what are my rights if I'm suffering so much I can't do my work? I'm really hesitate to talk to other people at work about this because I don't want to see neurotic.

I'm going to try starting FMLA and was wondering if any of you have gone through the process and what its like.

Thank you guys so much! ^^

(And dear mods: let me know if this isn't appropriate to post!)

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  • 22 comments

[info]tisiphone

April 20 2009, 03:13:04 UTC 3 years ago

I haven't done it myself, but I was a supervisor for a guy that did (for chronic health problems, not birth of a child, etc.) It was much stricter than regular sick days, and of course unpaid. He had to have a doctor's note for each absence and had to give a schedule as far in advance as possible of upcoming appointments; for anything that didn't take a full day or require recovery time he had to take paid leave while he had it, and he had to exhaust his paid leave first. There are also rules regarding firm size (more than 50 employees in a 75-mile radius), notice for leave, and so on. Really the best thing to do would be to talk to your HR person about it; firms have different paperwork required.

[info]strand3d

April 20 2009, 03:14:48 UTC 3 years ago

Your rights all depend on what state you live in and how many employees your company has. Google can probably answer your questions better than we can.

[info]tisiphone

April 20 2009, 03:16:03 UTC 3 years ago

FMLA is a federal law, not a state law; she'll have the same rights regardless of state.

[info]strand3d

April 20 2009, 03:18:20 UTC 3 years ago

Yes, but if she can't claim her condition under FMLA then other laws may vary by state.

[info]clockworktomato

April 20 2009, 04:19:41 UTC 3 years ago

Yes and no. Some states have their own FMLA laws that go beyond the federal rights, applying to companies with fewer employees, etc.

[info]semiauto

April 20 2009, 03:17:00 UTC 3 years ago

there are a few restrictions. first, your employer has to emply 50 or more people. then you have to have worked there for at least 1 year and have worked at least 1,250 hours over that year (about 25 hours/week). then there are some strict guidelines regarding what qualifies as "serious health condition" and keep in mind its unpaid leave, and only guarantees that you get your job back or an equivalent job.
here is the fact sheet, definitely read it:
http://www.dol.gov/esa/whd/regs/compliance/whdfs28.pdf

[info]phaedra_lari

April 20 2009, 13:47:58 UTC 3 years ago

This. Also, if you think you are eligible for FMLA intermittent leave and you are worried about being fired because of absences related to your serious health condition, you may want to consider notifying your employer immediately that you believe you are eligible for intermittent FMLA. This starts the clock ticking for them to get you the appropriate FMLA paperwork to fill out, including a medical certification.

[info]plunkybug

April 21 2009, 07:00:06 UTC 3 years ago

This is what I had...intermittent FMLA. I had to get my doctor to fill out some paperwork about my migraines and turned into my HR department. I was alloted 400-ish hours in a 12 month period with no pay unless I chose to use sick time or vacation if I had it. It was no questions asked when I called in sick...they were not legally allowed to ask.

[info]staceyloobug

April 20 2009, 04:06:04 UTC 3 years ago

If you are an at-will state, sadly, I believe they can let you go for whatever they want, and then can fight unemployment rights if they desire. I've had it happen, but then know someone who got fired due to mental illness, and they did not fight unemployment, so at least he has income. I've seen it go both ways.

[info]mandyny

April 20 2009, 11:07:16 UTC 3 years ago

FMLA or Intermittent FMLA, once approved, prevent the company from firing you for missing work due to your serious medical condition, birth (or adoption) of a new child, or the serious medical condition of a dependent.

It is unpaid leave, and requires the company to restore your position or an equivalent one upon your return.

I was on intermittent FMLA for several years due to a condition. In the middle of that, my company was acquired and and they became much more strict and difficult to deal with. By the FMLA law, you must recertify your condition with your DR filling out a form that you give to your employer, annually. My new company, (that acquired the old) elected to have FMLA employees recertify every 90 days. (my drs office requests 25 dollars each time, I request this form). Basically implying that my permanent condition was temporary and would "clear up." They became so difficult to deal with that the stress of it was actually causing distress....So I quit the FMLA. Luckily, I have a fair boss who understands the nature of my condition and knows that I don't abuse my time off.

It's up to you if you want to try to be certified for FMLA. There are strict guidelines on what conditions qualify, (see the link someone posted above) and be prepared that your condition may not qualify. Also, be prepared to have your Dr fill out a for that details the specifics of your condition that you must provide to your employer. Only you can decide if you are comfortable giving your employer that information.

[info]staceyloobug

April 20 2009, 15:46:40 UTC 3 years ago

Well, I'm thinking we don't have that around here, since, like I said, it's happened.

Plus - if you're an At-Will state, they can fire you for any reason at ALL. Because you have blue shoes on. Maybe not after you file for this FMLA, but any point up until that they can.

[info]krzdweasel

April 20 2009, 23:51:12 UTC 3 years ago

after you file for FMLA they definitely can't fire you for whatever they want, at-will or not. FMLA is a federal regulation specifically in place to protect your position while you're out on it.

but like others said, you have to do the paperwork to get put on FMLA status and you have to meet the conditions/have your doctor do the paperwork/etc. it sounds like you'd be doing intermitten FMLA, which i don't know too well yet (i'm a green HR person), so i don't know the specifics of how to qualify.

[info]grrillaesthete

April 20 2009, 04:21:52 UTC 3 years ago

I had FMLA for migraines at my previous job (now that I don't work there on graveyard, I don't have them anymore). Anyway, it will depend on your employer, some require just a quick form/letter from the dr. to be excused for whenever (as was my case), and others will need a dr. note every time they call out under FMLA. Contact your HR person ASAP to get the ball rolling on this.

[info]argyle_skull

April 20 2009, 11:06:12 UTC 3 years ago

FMLA tends to be for more long-term recurring issues. There is a process of doctors recommendations, work contacts and such that has to take place to see if your qualify. If you do, then you are granted either a month block of time in cases of being seriously ill for a straight period of time or 400 (I think) hours of intermittent time in cases where you have a chronic issue that flares up now and then.

[info]amberbaka

April 20 2009, 15:14:45 UTC 3 years ago

You can use FMLA for short term illnesses - I used to work for Bellsouth's call center and came down with laryngitis.

I initially was just going to take the hit for the absences (multiple days counted as one hit against me since they didn't offer sick leave) but when I came back and talked for 10 hours, I woke up the next morning back in the same position.

At that point, I went into work, got the FMLA paperwork and went to my doctor to have him fill it out so I could use yet another week to recover my voice.

Get your paperwork in as soon as possible.

[info]serpentinasolis

April 20 2009, 15:43:31 UTC 3 years ago

I work at a call center too so this is good news to me. I've known people where I work who use FMLA when they're already at work and have to leave due to their illness, etc. This is what I'd like since I want to at least attempt going into work.

[info]kathyrhino

April 20 2009, 15:39:01 UTC 3 years ago

I'm beginning the FMLA application process for myself right now for frequent migraines. My dr assures me it is super easy, but I'm not holding my breath. HR should be able to provide you the application to get things started. It sounds like it might be best to get that moving forward sooner rather than later, just to protect your job. Good luck to you & feel better!

[info]serpentinasolis

April 20 2009, 15:45:07 UTC 3 years ago

Thank you! This helps! I've already called (we use an outside company) to get the ball rolling. Its just unbearable to work with headaches all the time.

[info]kathyrhino

April 20 2009, 15:54:26 UTC 3 years ago

Agreed. In my case, I often wake up with the migraine already full-blown, making me unsafe to drive myself in to work. Good luck to you!

[info]indigodye

April 20 2009, 16:23:03 UTC 3 years ago

Just a quick question - are you on hormonal birth control? I was on it for about 10 years and I progressively got worse migraines, and they got to the point (even on 250mg of Topamax) that I couldn't function day to day. A month after I quit the pills they were gone.

[info]serpentinasolis

April 20 2009, 18:16:52 UTC 3 years ago

No actually! I stopped birth control because I hated how moody I got. >.<

[info]kelism

April 20 2009, 22:46:31 UTC 3 years ago

Talk to them ASAP if you're worried about being fired for missing time.

The process should be easy, but the paperwork will vary.
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