Fmla-sick Leave

[Lulu70]

Hello,

Just a few questions.

I am currently on sick leave, at the end of my sick leave can i take fmla, or continue on sick leave without the worry of losing my job?

I am full time at a job, been there almost 20 yrs.
yesterday my boss tells me that if i cant work my full 37.5 hours i will have to be part time, and for the past 7 yrs, i have been doing the best i can not going back in the hospital or needing large amounts of time off. When I know im getting sick i tell my boss and say i need an extra day off this week i thought it was benefiting both of us. So its not like i am always working under 37.5 just once in a while i need an extra day off.

I understand they have a business to run, and although i have gave my all to them i shouldnt expect any special conditions.
But with my illness i do need an extra day off or whatever can they force me into part time? even with my doctors statement? not like i take advantage of this and only need extra time in the summer, its usually in the winter when times are not busy.

becuz without full time i have no ins, and with no ins i cant be on my meds, and without those i cant work....

 

[Duranie]

You should be able to take FMLA but here is a link to go over a full overview of it

http://www.dol.gov/elaws/esa/fmla/faq.asp


Keep in mind FMLA does not 100% guarantee your job, it does prevent them from terminating you because of an FMLA reason alone.

 

[cbg]

How long have you been out on sick leave? It is not impossible that the time you've already been out might count as part of your FMLA.

 

[Lulu70]

Ive been on sick leave since 6/22/07.
My doctor was sending me back to work on 7/20. part time to try and ease me back into work, I just recieved fmla papers from work, and didnt even ask for them.
They have my fmla date would be 6-22/9-16.
They did pay me some sick leave hours.
So do I have to take it now, or can i go back part time?

I guess my best thing would to just call them ...thanks for your time!

 

[cbg]

It is not required that you ask for FMLA paperwork. If an employer knows that you have a medical condition that might qualify, it is their responsibility to see that you have the means of applying, whether you ask for it or not.

FMLA can be taken intermittantly. It is not necessary that you take all the time in a block at once. If you generally work, as an example, 7.5 hours a day, and now you need to be working 5 hours a day (or, if you generally work 5 days a week and now only can work three days a week, as another example) the balance (the 2.5 hours a day or the 2 days a week) can be applied to FMLA.

It IS to your benefit to utilize FMLA during this time. FMLA is protected under the law. But without FMLA, your employer is not obligated to allow you to work part time just because your doctor says so. They CANNOT, legally, deny FMLA time.

 

[KCDC]

My wife was recently terminated for missing to many days. She recieved two warning notices, at the receipt of each notice she informed her supervisor that she was suffering from depression and migrane headaches. She was not fully aware that FMLA, would cover time off for her own medical conditons. So she did not specifally ask for FMLA. Was it the employers responsibilty to see if her being out would quailfy for FMLA. Or at least notify the option was out there.

During her appeals she told managment, she was unaware the FMLA policy may have coverd the time she was missing from work. She was told it was her responsibility to know her benefits.

Do I have a valid complaint here?

 

[cbg]

No, YOU do not have any kind of complaint at all. Your wife may, depending on the answers to the following questions;

1.) How long has she worked for this employer?
2.) How many employees does the employer have within 75 miles of her location?
3.) Has she worked at least 1,250 hours for this employer within the last 12 months?

 

[KCDC]

1. Yes 10 yrs
2. 400+ at her Location
3. Yes


From every interpetation of section 825.303

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/29CFR825.303.htm

The way I read the end of this section is, once she made them aware of absenses due to a medical conditon. It is the employer's responsibility to inform her of rights to FMLA. Even if she did not ask for it.

Am I correct in this thinking?

Thanks so much for replying, I really appreciate your time

 

[cbg]

I'll give you a qualified yes. The qualification is based on the fact that not all medical conditions qualify for FMLA. If they had sufficient information to be aware that it could be FMLA related, then yes, it is their responsibility to notify her of her potential FMLA rights.

If, however, they had no information to sugggest that FMLA might be invoked, then there is no violation EVEN IF they knew the absence was medically based.

She, and only she (not you) can contact the US DOL if she believes her FMLA rights were violated.

 

[Lulu70]

my doctors not never stated what was wrong with me when i was on sick leave until the fmla paperwork was sent out. I am on fmla until sept.

 

[cbg]

That doesn't change the answer to the other poster.