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Time to "invoke" FMLA



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Got approved yesterday so today went to see the boss and ask about FMLA. Well I am mostly using annual leave and should have justed asked for 2 week vacation. Now they tell me first fill out forms, get doctor to fill it out, then file the paperwork and it takes time and HR tends to send it back and forth for corrections and my surgey is in 2 weeks. But since the boss knows its for medical she could no longer approve vacation. So this is another waiting game to play. Hoping others are in a place with better HR department.

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OMG do I ever feel your pain. Our company only lets us roll over a small amount of vacation. The rest goes into a reserve bank which requires an approved FMLA claim to use. I am back at work and MetLife (the most evil company ever in my experience) is still reviewing whether I should be allowed to use those hours for the week that I had off.

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Wow and the thing is that its our time off. I have faith it will all turn out well. Good luck to you.

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My company if someone is out for 3+ days they automatically get FMLA paperwork filled out. Find the # and call. Employees of mine have been out and then we just get a letter saying they have 2 weeks to have the paperwork sent in - if not approved (this surely would be) they come back to work... No one has ever asked prior to they usually go on it once out in my experience.

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this is part of the reason i am glad i work for a family business they know why i am taking off work and just want me to heal so they tell me to take off as much as i need and come back when i can

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I question their stance a little bit. It is your time off to do with as you please. Not all medical procedures qualify for FMLA (for example, plastics). As far as I know, there's nothing to require you to file for FMLA protection.

If you find yourself running out of time, I'd inform them that you are taking the vacation time that you have earned. You gave them ample notice. Hopefully you are not in a toxic work environment... I'd never treat my employee(s) this way...

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I think that your boss has FMLA and short term disability confused. FMLA only protects your job while you are out and doesn't include payment for time off. You "should" be able to use STD on top of your FMLA for paid time off. But otherwise you can use FMLA and PTO

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FMLA isn't a payment plan, it's a job protection. It says you have the right to time off from your job and not lose your job.

You will be using whatever accrued time off you have - vacation and sick leave. You can also apply for short-term disability if your accrued time off won't cover the time off you need.

The ability to use vacation time really has no bearing on whether you have approved FMLA or not.

To CYA, I would write a letter to the boss stating that, as you told him/her on xx date, you are having medically-necessary surgery on xx date, and you expect to be out for two weeks for recovery. State that as you informed him/her, you will need to use your accrued time off.

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