Fmla (Medical Leave)

[shastadaisy 20]

Even a bad HR person will know the federal regs -

ultimately FMLA is separate from a paid benefit - there is a prevailing perception that is addresses pay - the reg does not address pay - it only addresses job protection -

NOT all companies are required to give FMLA - it’s very detailed - and you can google the reg (do it before a long nap - because it will put you to sleep)

[Holly5.3 423]

I had my VSG and hiatal hernia repaired on Thurs. 10/11/12 and I go back to work on Monday, 10/22/12. I feel terrific! I know I'll be tired since I can rest at home whenever I want, but I used all my sick time for the year already (I also had bunion surgery last Feb. and needed a month off recovery). Compared to foot surgery, I feel like I can cartwheel into the office! Lol! if I feel like it's too much, I'll just call in sick (tapping into precious vaca. time!). One day at a time!

[drexelgirl 45]

I have to use FMLA and plan to use sick days (I will be out for two weeks) - that is what the dr. suggested -

Same here but after 3 days out sick I am required to do short term disability insurance and fmla. I wanted to take 4 weeks bc I had the time but my doctor only approved 2 weeks.

[Donny 270]

My Doc put three weeks on my FMLA/Short term disability but they said the will change it to 2 if I feel I am able to go back.

[jcjoy77 5]

My surgery is this Tuesday. I was planning on asking the surgeon for 3 weeks, but his office encouraged me to take 4.

[chilihot59 156]

My surgeon had me off six weeks and it was FMLA. I had the time, so I was still paid for the time I was off. I also, had disability insurance and received that, which also helped with some of the extra expenses. My job can be rough, since it often involves physical interventions with agitated individuals. For my safety, that's why the six weeks.

[thewellkeptwoman 15]

I was told by HR that I could use annual, sick, and comp time with my FMLA.

So I'll still be getting paid for my time off. It works a little differently for Federal employees.

[shastadaisy 20]

All I was trying to point out is the federal regulation ONLY applies to protection of your job - everyone (even my husbands federal employer) gets it wrong - there is an incorrect perception that FMLA has anything to do with PAY - managers aren’t necessarily experts in fmla - they have enough on their plate - some hr people are even mistaken.

[Holly5.3 423]

Well, I went back to work today (DOS 10/11/12)- I WAS feeling great! Grocery shopping, cooking over the weekend. I was terrific all day until the last 1/2 hour killed me! By the time I was walking to my car I was in pretty bad pain. It's like the burning you feel when you sneeze, except it didnt go away a few minutes later! Got right in bed and called my surgeon. They said they recommend 2 weeks off from work minimum-no one told me that! And to rest tomorrow and call if the pain doesn't go away, he may want to see me! Now im scared that I tore something, if that's possible- but I haven't felt this bad since 4 days post-op! What is the burning sensation? Also had a pretty bad hiatal hernia repaired during VSG.

[thewellkeptwoman 15]

All I was trying to point out is the federal regulation ONLY applies to protection of your job - everyone (even my husbands federal employer) gets it wrong - there is an incorrect perception that FMLA has anything to do with PAY - managers aren’t necessarily experts in fmla - they have enough on their plate - some hr people are even mistaken.

Thanks.

But I was updating on the last post I gave on what my HR rep said.

He said "go ahead and take some sick and some annual leave, it will be approved, don't worry. You still need to do the FMLA paperwork. You have a right to take leave that you earned and not be bothered about it by Admin."

In the two years I've worked there, he has never steered me wrong. There was even a time when I didn't have enough annual leave for a very important out-of-town two week trip I had to make, and he told me how to cover my butt; and it worked out beautifully.

[shastadaisy 20]

I hope I wasn’t coming off the wrong way -

they (your employer if he or she or they meet the requirements) HAVE to give you fmla - no one can tell you that you have to wait - they can kindly ASK you - but NO ONE can tell you that you have to wait to have surgery because of staffing ... that’s just not correct.

here’s a scenario what if your spouse had a major illness - your boss can’t say “no you can’t help your spouse out until WE get coverage” - that’s wrong - that’s very wrong - it’s hard to believe that there was once a time when a pregnant woman would loose her job - which was one of the many reasons they created this reg - there are many facets to HR law and regulations and they just aren’t open for interpretation - I’m clearly very passionate about it - and hate when someone gets bamboozeled - Dr’s are Dr - not legal HR professionals - they sign the papers but don’t expect to get HR advice from them - that’s all - your thread took many twists and turns...

NOW - that being said - to answer another note if your Dr. wrote you for FMLA and you came back earlier than he wrote you - you most certainly can get the time off - regardless of how it affects your manager - or your team - FMLA was created to protect your job - how you get paid for the time off has nothing to do with the FMLA law.

Some dr’s write for an even longer period - so you can get the time off necessary to go to the dr for visits - that too CAN be covered - it’s all part of the illness it was written for - but NO manager is ever going to say that - SOME companies even cover the fmla law by the hour (I worked for a company that let one of my employees take care of her dying father one hour at a time - so if she came in an hour late - that was fmla and her job was protected) see where I’m going here? That time off had nothing to do with pay...it’s about protecting your job.

I know - I’m one of those crazy hr people. Please take my passion for that occupation and realize I dont’ want someone else here or anywhere to get bamboozled.

that’s all - big leap off my soapbox now.

[Holly5.3 423]

I realized I posted in middle of FMLA responses when I was asking about recovery time and back to work. Now I'm wondering if i should have taken FMLA rather than all of my sick and personal time. I went back too soon (civil service clerk-typist in my school district) and now I'm tapping into my vacation time because I knew the office was strapped for coverage in my absence. Poor decision on my part -I wish I had HR to help me, our school is too small!

[slimagainsoon 88]

I’ve done all of my pre-op stuff (I’ll be starting the diet on October 31), and my surgery date is scheduled for November 14.

I’ve been keeping my boss up-to-date on my appointments, and I’ve been saving all of my sick leave (currently up to 157.75 hours, with 0.25 hours of comp time, and 58 hours of annual leave).

I only expected at least two weeks off, and some change. When I call the hospital to make sure before I put the leave in the system, the nurse said that she would like me to take 4 weeks off!

Whoa! Not that I mind having 4 weeks away from some of the idiots that I encounter on a daily basis, but has anyone else been told that they need this much time off.

I know I don’t HAVE to take the whole 4 weeks off, but I’m so tempted.

The boss said that it would be totally ok, I just need to invoke the FMLA (Family Medical Leave Act) so I can use my annual leave and comp time with my sick leave.

Has anyone else had to use their FMLA as well? Or does anyone else have an experience like mine?

Everyone is different. Some may go back to work 5 days or two months. You know what you can handle. Most jobs have FMLA. I have short term disability and vac, sick time. We are required to use our time up before utilizing FMLA. I am a State employee. I am also getting my gallbladder removed and hernia repaired. We have to put what day we want to return back to work. As long as you got the time to cover it, and have FMLA take as much time as you need. It doesnt matter who may think its too excessive. Everybody is different. You need time to get use to your new tummy and get adjusted to potty issues and gas lol. Good luck and keep us posted! LOL at screw unpaid time! I know that's right!

[Holly5.3 423]

Everyone is different. Some may go back to work 5 days or two months. You know what you can handle. Most jobs have FMLA. I have short term disability and vac' date=' sick time. We are required to use our time up before utilizing FMLA. I am a State employee. I am also getting my gallbladder removed and hernia repaired. We have to put what day we want to return back to work. As long as you got the time to cover it, and have FMLA take as much time as you need. It doesnt matter who may think its too excessive. Everybody is different. You need time to get use to your new tummy and get adjusted to potty issues and gas lol. Good luck and keep us posted! LOL at screw unpaid time! I know that's right![/quote']

Thank you for the info! I'm now taking vacation time off for the rest of this week. I'm looking forward to being healthy and building up my sick time again next year. Hopefully, I'll be fine next Monday and we'll try this again! (it will feel like the movie Groundhig Day! ("Holly, you're back!") lol!

[sleevediva 31]

I was set to take one week off of work. My job required me to take FMLA. I'm glad that I did. I ended being out of work for two weeks due to surgery complications. Better to have the FMLA enacted than worry if more time is needed to take off.