FMLA Question

Discussion in 'Fibromyalgia Main Forum' started by jmq, Feb 22, 2007.

  1. jmq

    jmq New Member

    This is my first year dealing with really really bad symptoms of FMS but I am still working. I am on FMLA and I am afraid to ask my HR office too many questions. I think the more I confide in them..the more vulnerable I am. Maybe its my fog and depression that is talking. Well, my confusion stems from the fact that my employer had me use all my sick time and then docked my annual time . Now I ran out of both and I will now be docked my pay for days I come in late or have drs appts. What then does FMLA do for me? I know it protects me from getting fired...but I thought it was also a way to have your time protected? Can you start to apply for any disability while I am working. i feel like I am in a catch 22 and my brain cant figure out what to do. Does anyone have advise?
  2. lptopcat

    lptopcat New Member

    I use intermittant FMLA where I work. My understanding is that an employer does not have to pay wages for time taken off under FMLA, but the time used is considered an "excused" absence, so they can't say my attendance is unacceptable.

    Each employer is different in how they implement FMLA.

    This is one of the questions re: FMLA from "elaw":

    Q: Does the law guarantee paid time off?

    No. The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid leave, such as vacation or sick leave, for some or all of the FMLA leave period. When paid leave is substituted for unpaid FMLA leave, it may be counted against the 12-week FMLA leave entitlement if the employee is properly notified of the designation when the leave begins.

    You can find more info here:http://www.dol.gov/esa/regs/statutes/whd/fmla.htm

    I hope this helps.

    Theresa
  3. Shalala

    Shalala New Member

    I have had FMLA at work a couple of years now. So far this year I have used up all of my sick, personal, and most of my vacation time (this is only 2/22/07) ... lol. I do not confide in anyone at work.

    All FMLA does is keep you basically from being fired due to health care time off. If you want paid (where I work) it comes out of your sick (1st) personal time (2nd) then your vacation time (3rd). I have 10 months left in this year and due to this horrible flare I am in I have nothing left (pay coverage). I still have FMLA time ... just won't get paid for time off now.


    No one understands our situation. I guess we are lucky if we keep our jobs.

    Make sure you use your time wisely hun. Good luck to you.
  4. jmq

    jmq New Member

    I am so glad to hear back from all of you. I felt so alone until I found all of you. I crawl into bed after getting home, take my tramadol, and turn on my lap top. I hope I can be there for all of you as time goes on.
    jmq
  5. froggyfog

    froggyfog New Member

    I have used all my fmla and am now requesting short term disabiltiy that I have been paying for thru my empolyer. My doctor said she would sign the papers. I would be fired if I didn't do STD.
  6. LouiseK

    LouiseK New Member

    If your company has disability -- either state sponsored or private you should look into filing a claim if you are having days off that are unpaid. Look into the policy.

    Don't talk to your employer about anything if you can avoid it, which I know you can't, but keep it brief and as non-specific as possible. Answer their questions, whatever.

    FMLA can only protect you from being fired to a degree. Companies are not required to keep employees on who cannot do their jobs forever.

    Please, all I can say is you have my sympathy. It's unbearable going through all this job stuff in the middle of everything else . And disability and your employer will make it as convoluted as possible. It's not just fibrofog.

    Best.
  7. bunnyfluff

    bunnyfluff Member

    at one time. I was getting compensation from commissions in backlog. Because of HIPPA, there does not have to be any disclosure, ever, about why you are off sick.

    My Dr just sent a note to my work saying I would be off, PERIOD. Even when I am off for a day or two, I don't tell them why. It's nobody's business if you have strep, diarhea, FMS, or whatever. The Dr just needs to state that you need a few days off.

    If your symptoms are interferring with work that much, you are going to have to realisticly look at your work situation. Also, wether you are getting adequate treatment. Disability is pretty hard to get- have you looked at the criteria on the SSA website? People in wheelchairs without an arm work, so they don't have a lot of sympathy for this disease with no known tests. Not to try to discourage you, but your medical records will count for a lot, as well as your Dr's notes.

    Best of luck with this, and keep us posted.