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Family Medical Leave Act (FMLA)? (Read 794 times)
Jim L
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Family Medical Leave Act (FMLA)?
Jul 1st, 2010 at 11:19pm
 
I'm fairly new to the board here and have greatly appreciated the support.  My current cluster has lasted for four weeks now, and I am about wiped out.  In that time, I've missed only three days of work.  I've had FMLA "protection" in place for over a year on an intermittent basis for migraines.   I saw my Dr. yesterday and just happened to have a CH in his presence.  He was actually kind of freaked out and immediately wrote out the paperwork for put me on Family medical Leave for two weeks and started yet another round of predisone (80 mg/day for a week and then tapering off).  I had a few things to clear up at work today and tomorrow, but then I'm going to be off for two weeks to TRY to catch up on sleep and hopefully (without the stress of work) break the current cycle.  Fortunately, I've got plenty of sick days to draw on.  Yesterday = 5 headaches, today = 4.  The folks at work aren't terribly happy (One of them called me a hypochondriac last week), but I'm lucky enough to work at a university where there is no fighting the legality of FMLA.  Have others of you taken advantage of it, either intermittenly or for longer periods of time?
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Brew
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Re: Family Medical Leave Act (FMLA)?
Reply #1 - Jul 1st, 2010 at 11:31pm
 
I've had it in place on an intermittent, as-needed basis for a couple of years, and have thankfully never had to use it.
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Re: Family Medical Leave Act (FMLA)?
Reply #2 - Jul 10th, 2010 at 11:23pm
 
i wish the employer had to keep your position longer than 12 weeks, ill probably lose my job a week before my hip surgery (thanks to AVN and Steroids)

some people use the FMLA for deaths and funerals, just my opinion but to legally take off work to celebrate a death is okay but for your health it isnt? that guy that called u a hypochondriac is a turd in the punch bowl

some people just dont get it and never will, i know what its like to have co workers and bosses not understand what we go through

hopefully the roids will break it this time for a while

and sleep lol i could never sleep more than 4 hours on the stuff

good luck and PF days n nights to ya

AO
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« Last Edit: Jul 10th, 2010 at 11:26pm by N/A »  
 
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Diamond Lucidity
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Re: Family Medical Leave Act (FMLA)?
Reply #3 - Jul 11th, 2010 at 2:43am
 
You're lucky to get an FMLA and I'm glad for you. I work at a factory that has their own rules to getting one and they turn almost all of them down. I thought it was like a government program that people could get when needed if their  Dr. filled it out, but where I'm at, the woman in personnel turns most of them down. I didn't even know if that was legal. When you take papers to your Dr. you have to take all of the factory's rules to your Dr. on how to fill it out. It states that if it is not filled out correctly by the Dr. that it will be turned down and you can NOT reapply! So any mistake=no FMLA. Also they stated they could take all your vacation days first, which you earned over the years, would be sad to use them while sick, but when you're that sick, you have to do what they make you do. Wouldn't happen anyway cause they turn them down. If a NP signs it or if it's stamped with a Dr. signature instead of the actual signature of the Dr. you're done for.  I'm glad you could get one and hope in your time off that the rest will help you to recover. It is sad that we do get diagnosed with being hyprochondriacs.
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deltadarlin
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Re: Family Medical Leave Act (FMLA)?
Reply #4 - Jul 11th, 2010 at 10:41am
 
I'm going to try to answer your questions one by one (I am not a lawyer, but I do have some knowledge of FMLA and what can and cannot be done).

Diamond Lucidity wrote on Jul 11th, 2010 at 2:43am:
You're lucky to get an FMLA and I'm glad for you. I work at a factory that has their own rules to getting one and they turn almost all of them down.


First off, ask your company for a copy of their *rules* regarding FMLA (they have to provide you with this).

Diamond Lucidity wrote on Jul 11th, 2010 at 2:43am:
Also they stated they could take all your vacation days first, which you earned over the years, would be sad to use them while sick, but when you're that sick, you have to do what they make you do.


They can force you to use all your vacation days/sick leave first if it is stated as policy.

Diamond Lucidity wrote on Jul 11th, 2010 at 2:43am:
If a NP signs it or if it's stamped with a Dr. signature instead of the actual signature of the Dr. you're done for. 


They can require his *real* signature and your doctor should have no trouble signing this (mine didn't hesitate to sign it).

Diamond Lucidity wrote on Jul 11th, 2010 at 2:43am:
. I thought it was like a government program that people could get when needed


It is.

Diamond Lucidity wrote on Jul 11th, 2010 at 2:43am:
When you take papers to your Dr. you have to take all of the factory's rules to your Dr. on how to fill it out. It states that if it is not filled out correctly by the Dr. that it will be turned down and you can NOT reapply! So any mistake=no FMLA.


I'm not quite sure this is legal.  Now what they could do is request that the doctor fill it out according to their guidelines.  When the doctor does that, I do believe that they cannot turn it down.

What I would suggest you do is contact the Department of Labor.  The following link is for the form that is used by the DOL for FMLA.

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You do have the right to file a complaint with the Indiana DOL through the Wage and HOur division.

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Jim L
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Re: Family Medical Leave Act (FMLA)?
Reply #5 - Jul 11th, 2010 at 11:24am
 
Yes, deltadarlin, you are correct.  It is a federal program and and I don't believe that companys who have more than 50 employees have the option on not participating.  (i.e., the HR manager can't decide not to opt in).

I'm in the middle of part of two weeks of FMLA time, which falls under the Intermittent FMLA I've had in place.  Mostly, this time is because the CH have been particularly bad and I've been on a high dose of prednisone, which makes working (and CONCENTRATING at work) impossible.  I'm using up sick time during this two weeks.  Officially, FMLA provides for  12 weeks per year of unpaid time -- I prefer not to be "unpaid" during this time.

I'm trying to totally avoid thinking in a paranoid way while I'm out of what's being said about the weaknesses of a guy who can't even handle a headache.   That particular working environment has prompted me to send out resumes left and right last week.  (TMI for the post, but I've got to stay put or find another employer who provides same-sex spousal equivalent healthcare benefits -- My "other" had quadruple bypass at 48 and not having insurance is not an option).
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Diamond Lucidity
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Re: Family Medical Leave Act (FMLA)?
Reply #6 - Jul 11th, 2010 at 2:31pm
 
I found the factory's fmla guidelines/policy. It states if fmla application is not filled out correctly, it will be denied UNLESS you take the application back to your doctor. It was the woman working in personnel that said it would be denied and you couldn't reapply. So she was wrong and I think trying to discourage employees from trying to apply. The Dr. didn't have a problem with signing it, but their disability department said they do hundreds of them for the plant near them and don't have to have the Dr. hand sign them.  The factory has turned down alot of them for alot of employees, some saying certain illnesses weren't serious enough. They must have a list of illnesses, but I would think if a Dr. filled it out that it would be serious. Some employees have fought them on this and eventually got approved. Some places make it very hard to get an fmla and I'm glad for the ones that can get it. I believe if the Dr. fills it out that it is needed and no one should be able to override the Dr.'s medical opinion. Thanks for the information in case I need an fmla in the future and have any trouble.
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Jim L
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Re: Family Medical Leave Act (FMLA)?
Reply #7 - Jul 11th, 2010 at 5:02pm
 
My general practitioner filled out and signed the "Certification of Health Care Provider for Employee's Serious Health Condition" form.   He noted on the form the functions unable to perform while having a CH: "During a headache there is severely impaired concentration and blurred vision, making most of his work functions impossible."  Under "further relevant medical facts":   Cluster headaches are occurring 1-4 times daily and are very severe and disabling.  They are interfering with sleep.   The patient is on aggressive medical therapy to treat both individual headaches and to prevent future events.  Migraine headaches typically occur 4-5 time per month and last 1-3 days.  During an attack, cluster headaches occur daily and may last for weeks to months.  He is being treated with both abortive and prophylactic therpy." 

The last sentence above is a tad redundant, but the powers that be didn't dare dispute his medical judgement.  (I work in a major univeristy medical center as an administrator, so the potential HR issues in denying Intermittent FMLA would be pretty bad.   

In addition to the form he filled out, my HR office filled out the "Notice of Eligility and Rights&Responsibilities" form and the "Designation Notice."  The latter approves or disapproves (AND can also require a second or third opinion at the company's expense -- I would probably refuse to see a Dr. of the company's choosing, but, in my case, my Dr. works at the same university). 

I should point out that I pursued FMLA only as a potential legal defense -- I've always been a very conscientious worker and have "toughed out" headaches most of my life.  I happened to have hit upon a particular supervisor who started to take issue with headache-related absences.  A nurse friend of mine said, "Get FMLA in place --TOMORROW!" 

This particular round of clusters, which has been going on for six weeks now, is the first time I've feld "run down" and exhausted enough to use two weeks of the imtermittent leave in a row (right now) to go through another course of prednisone (and the accompanying hostility, sleeplessness, etc.) while not directly handling work stress.  I asked the HR manager to instruct my supervisor to keep her mouth completely shut regarding the reason for my absence.  I'm not sure if that is happening, but I'm forcing myself to assume so.  Meanwhile, I've allowed a couple of my direct reports to work with me via email regarding things that require my help, but on a limited basis. 

Unfortunately, I'm nearing the end of my prednisone dose and not only has it driven me and my partner crazy, but it hasn't knocked out this cycle.  Shit. 

Jim
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deltadarlin
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Re: Family Medical Leave Act (FMLA)?
Reply #8 - Jul 11th, 2010 at 10:47pm
 
Diamond Lucidity,
I may be mistaken, but the company cannot deny your right to FMLA without proper justification.  In addition, if that person in the HR office is telling people this, then that person is violating Federal guidelines.

" FMLA can be denied, or withdrawn, but only in very specific instances. Management does not have "Carte Blanche" authority to take these types of actions without just cause."

The following is something that I found (it is actually a laywer you answered the person's question).  YOu don't have to get a lawyer, contact the Wage & Hour Division of your local Dept. Of labor.

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There were also new provisions added to the FMLA in 2009.
One of those may very well pertain to you DL

The regulations specify that if an employer deems a medical certification to be deficient, the employer must specify in writing what information is lacking and give the employee seven calendar days to cure the deficiency. The new regulations also make it clear that an employer can request recertification of a medical condition every 30 days in connection with an FMLA-qualifying leave unless the medical certification indicates that the minimum duration is more than 30 days. Employers will be able to require recertification every six months, even where the certification indicates a longer period, and the regulations suggest that a certification that states a “lifetime” condition exists or that the duration of the condition is “indefinite” that it should be considered a condition that will last over six months (allowing a recertification every 6 months). The new regulations confirm that each new FMLA leave year gives the employer the opportunity to obtain a new “initial” certification, and, therefore, gives the employer the right to obtain a second and third medical opinion if there is reason to doubt the validity of the certification. This is significant in cases where an employer is suspicious about the validity of the medical certification of the employee’s condition as FMLA-qualifying, because under both the old and new regulations, employers cannot obtain second opinions in conjunction with recertifications.

Something you might want to look at.

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Diamond Lucidity
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Re: Family Medical Leave Act (FMLA)?
Reply #9 - Jul 13th, 2010 at 2:28am
 
To Jim L. You need that FMLA for rest and hopefully it helps your recovery time. I hope you feel better soon.

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Diamond Lucidity
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Re: Family Medical Leave Act (FMLA)?
Reply #10 - Jul 13th, 2010 at 2:55am
 
to deltadarlin- thanks for the information.  Our factory's last contract stated it would not accept a Dr.s accuse for any time off. What happened was 2 choices if you were sick. FMLA without pay or sick leave without pay for the first 7 days of illness. You have 5 days a year you can take anytime but if they're gone and you miss, then you enter the discipline program. So those days have to be stretched out til Dec. for sickness or unforeseeable emergencys. You can use vacation days when you're sick but they have to be approved in advance and the rule is only 2 or 3 out of a department on any given day. So, you can't get days approved if people put in for them ahead of time and you get sick on those days, and you will never get vacation day approved while sick if it falls on a Monday or Friday. So, more people had to get FMLA's from their Dr. or a sick leave, and the factory started turning them down. A guy had a heart attack and got an unexcused absence til the Dr. filled out sick leave papers that went back and covered that day, and then they had to redo all the paperwork of the disciplinary action. I'm sure they're not being legal, and  learning all the laws certainly helps against winning your case. Just too bad that people that are sick have to go through the added stress of proving they're sick when a Dr. is already telling them they're sick.
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Re: Family Medical Leave Act (FMLA)?
Reply #11 - Jul 13th, 2010 at 8:48pm
 
It's too bad that many physicians have excused people from work in the past when it wasn't necessary. I recall a physician excusing me from work for 6 weeks because I had a bone amputated from my toe on a Friday morning. i suppose that may have been appropriate had I worked in a position that required me to walk all day; I had a desk job. I was able to return to work on Monday morning. Part of the FMLA act is in place to protect the worker but it really is to protect the employer. I work in corporate America and the very first thing we do when someone has a chronic illness is push the FMLA paperwork...so we only have to hold a job (not necessarily "their" job) for 12 weeks... you use it up and you are gone. Intermittent FMLA is a timekeepers nightmare so I can see where HR people don't want to deal with it but they must follow the law.  Which brings me to HIPAA violations. Employers are no longer allowed to ask for a diagnosis and most organizations should have revised their paperwork by now to reflect this.  We advice the associates to have their physicians write the words HIPPA protected anywhere a diagnosis would be appropriate. I am holding out as long as I can before turning in any FMLA paperwork...I need my benefits for as long as I can stretch it out....    lib
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Diamond Lucidity
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Re: Family Medical Leave Act (FMLA)?
Reply #12 - Jul 14th, 2010 at 1:15am
 
Corporate America, time keepers nightmare? That's what I'm talking about. Some people have abused the system, I've not ever had a Dr. that let a sick leave go on anymore than one day needed. They may be out there but none of mine. What about people that are really sick, in pain, suffering? They assume it's not real. What about morals and caring for another human suffering?  I would not want to be in a position that caused me to cause another person pain unbearable at work simply because the timekeeper would have to work at their job.  HR people don't want to deal with it? Then what do they want to do on their payed job? Good thing there are laws in place as you said. Thanks for the HIPPA protection information, I was unaware of. What did you mean, do you lose benefits if you're on FMLA?
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Jim L
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Re: Family Medical Leave Act (FMLA)?
Reply #13 - Jul 14th, 2010 at 6:00am
 
In my particular sub-set of a larger organization, there's an HR Director and and HR specialist for around 100 people.  They're both aware of my CH situation and don't have any problem in tracking the intermittent time -- We've got a web-based time away calendar, so all I have to do is make sure I mention FMLA time in my reporting.  I've got enough sick and vacation time built up so that I don't have to dip into "unpaid leave" which could begin to effect benefits.  My Dr. has been more than diligent in making sure that my time away is justified, especially after having witnessed my attacks on more than one occasion.

Lib, you make a very real point that FMLA holds "a" job because of the fact that an organization needs to get work done.  This is the first real chunk of time I've had to take (because this episode of CH has gone on now wor 16 weeks) -- I'm off for 2-3 weeks and "we'll see" what organizational needs might have changed by the time I get back.

If I start to get low on sick time or vacation time, I will be sitting at my desk either with a CH or like a zombie from drugs....

Jim
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Re: Family Medical Leave Act (FMLA)?
Reply #14 - Jul 14th, 2010 at 6:51pm
 
FLMA is on my to do list, Right after I get a new Neuro.  I am currently on a Waiting list (months long btw) to see Dr. Todd Rozen, thanks in part to Batch!!
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Re: Family Medical Leave Act (FMLA)?
Reply #15 - Jul 14th, 2010 at 8:40pm
 
Hi DL,
I'm just trying to stretch out my benefits. If I use all my sick time, vacation time,and hold out til i'm dinged for too many absences before turning in my FMLA, then my 12 weeks doesn't start until then. so I have 10 days sick, 30 days vacation, then the 12 weeks...see what I mean?  That way I get 4 months, 10 days (instead of three months); plus I can call in 12 times unexcused before i lose my job and my benefits. FMLA doesn't really have anything to do with your benefits except, no job= no benefits. I called in yesterday and used up a sick day and will need to use another one on Friday.  Will be discussing my O2 needs, hormone and Depakote blood tests, and my need for MaxAlt (covered by insurance) more than once every 23 days. LOL What a joke! Had to pay 25 dollars a pill for it the other day. i sent all the info to my neuro by e-mail last week; followed up with a phone call Monday. Am taking my scribe (hubby, bless his heart); I won't remember anything. The neuro was the one who told me to get my FMLa paperwork ready... I work in healthcare; I KNOW what we do to people!!! I told him I would have it all together when I felt like it was time.
had an uneventful evening last night but still can't get up in the a.m. and am groggy all day...need to reduce the Depakote I guess but am so AFRAID of the PAIN!  Does this disease start off slowly and then increase or vice versa? lib
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