My husband has been sick since Sept. 09 and has recently been getting worse. Up until Feb 4, 2010 he hadn't missed a day of work, due to this illness. He has been employed by this employer since 12/97. Feb 15th him & his physician filled out the FMLA paperwork, since then he has returned to work on a trial basis twice, but was only able to work 3 days the first time and just recently was only able to work 1 full day and a few hours the next. Does the FMLA 12 week time period continue from the date of the Dr.'s signature or does it go by just the number of days missed until those total 12 weeks? Thanks!
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Fmla
- Thread Starter rmm91
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cbg
Super Moderator
What did the doctor say with regards to time he would need off? It makes a difference.
cbg
Super Moderator
Under no circumstances does FMLA exceed 12 weeks. (The employer can offer more time than that, but it is no longer FMLA on Week 13, day 1.)
I THINK what you are asking is whether or not FMLA expires 12 weeks from the day the doctor signed the paperwork regardless of how much time has actually been taken, or whether it expires when 12 weeks have been taken. If that is what you are asking, the answer is that it expires when 12 weeks have been taken.
If that is not what you are asking, please clarify.
IF the doctor had specified a period of time, say, 8 weeks, then at the end of 8 weeks your husband would have to either return to work or submit more paperwork extending the time. But since there was no time frame presented, then it's simply when he has taken 12 weeks of time.
I THINK what you are asking is whether or not FMLA expires 12 weeks from the day the doctor signed the paperwork regardless of how much time has actually been taken, or whether it expires when 12 weeks have been taken. If that is what you are asking, the answer is that it expires when 12 weeks have been taken.
If that is not what you are asking, please clarify.
IF the doctor had specified a period of time, say, 8 weeks, then at the end of 8 weeks your husband would have to either return to work or submit more paperwork extending the time. But since there was no time frame presented, then it's simply when he has taken 12 weeks of time.
Another question, please.... if you work for a big company that pays a large percentage of the employees health care insurance, can the percentage that the employees pay differ depending on good or bad health conditions? Also, when hired at a company that has a large group health insurance plan, can you be permanently denied health insurance like you can on an individual policy? Thank you again!!!
cbg
Super Moderator
No and no.
Now, having said that, it is not impossible that if there are a lot of claims that increase the premium, that the employer might have to increase the percentage paid by all employees. But he cannot charge Joe 20% of the premium cost and Sally 50% of the premium cost because Sally has more claims than Joe.
As long as you apply for coverage as soon as you are eligible for it, you cannot be denied coverage on a group health plan. I have ONCE heard of someone who was legally denied coverage on a group plan but that was due to a unique set of circumstances that would happen ONLY if you work for certain governmental agencies and rarely if you did.
Now, having said that, it is not impossible that if there are a lot of claims that increase the premium, that the employer might have to increase the percentage paid by all employees. But he cannot charge Joe 20% of the premium cost and Sally 50% of the premium cost because Sally has more claims than Joe.
As long as you apply for coverage as soon as you are eligible for it, you cannot be denied coverage on a group health plan. I have ONCE heard of someone who was legally denied coverage on a group plan but that was due to a unique set of circumstances that would happen ONLY if you work for certain governmental agencies and rarely if you did.
One more question 
My husband recently went in to the sleep Dr. (on his own), and had a sleep study performed due to constant headaches, and was told that he has very mild sleep apnea. But that the sleep apnea was not the cause of the headaches. At no time did he go in for the study because of daytime drowsiness, falling asleep during the day, etc... now the Dr is trying to sell us on "mild sleep apnea" a very expensive CPAP machine with yearly Maintenance. My husband does drive daily for a living, locally, can the Dr force my husband to but into the equipment when it is considered mild?
Now that he has done this study we keep hearing more and more people saying that after they've had the study done they have some "form" of sleep apnea.
Thank you so much!!
My husband recently went in to the sleep Dr. (on his own), and had a sleep study performed due to constant headaches, and was told that he has very mild sleep apnea. But that the sleep apnea was not the cause of the headaches. At no time did he go in for the study because of daytime drowsiness, falling asleep during the day, etc... now the Dr is trying to sell us on "mild sleep apnea" a very expensive CPAP machine with yearly Maintenance. My husband does drive daily for a living, locally, can the Dr force my husband to but into the equipment when it is considered mild?
Now that he has done this study we keep hearing more and more people saying that after they've had the study done they have some "form" of sleep apnea.
Thank you so much!!
cbg
Super Moderator
This is not really employment law any more but no, the doctor cannot force him to do anything. He can make a recommendation, and he can try as hard as he likes to convince your husband of the necessity. He can even decline to treat your husband any longer if your husband refuses the treatment he recommends. But ultimately, it is your husband's decision whether to have the treatment or not.
cbg
Super Moderator
FMLA is a Federal law. Although Oregon has its own version, in neither version is an employer required to provide more than 12 weeks total. When both the state and Federal version apply, the two run concurrently. There are exceptions under the state law, but they do not apply here.
You may certainly apply for an extension; however, it will be up to the employer whether or not to grant it. Under no state or Federal law is the employer required to provide more than 12 weeks total. Also, even if additional time is granted, FMLA/OFLA job protections will no longer apply. The job protections are limited to 12 weeks, regardless of how much time is ultimately provided.
You may certainly apply for an extension; however, it will be up to the employer whether or not to grant it. Under no state or Federal law is the employer required to provide more than 12 weeks total. Also, even if additional time is granted, FMLA/OFLA job protections will no longer apply. The job protections are limited to 12 weeks, regardless of how much time is ultimately provided.
theretoo
New Member
At the end of the 12 week FMLA period, your employer's short/long term disability policies would come into play. Your state employment disability laws as well as Federal ADA laws would also protect your husband after the 12 week FMLA, if required and applicaple.
I really think that what ever the doctor says in terms of how many days your husband can work, this should apply right away.
If his doctor says that he is able to work 3 days out of the week, then this should be the days that he will be working.
But if the doctor says that he is able to work all 5 days a week, then there is nothing you can do about this.
Tal
If his doctor says that he is able to work 3 days out of the week, then this should be the days that he will be working.
But if the doctor says that he is able to work all 5 days a week, then there is nothing you can do about this.
Tal
cbg
Super Moderator
I don't know what the situation is in Canada, but in the US, the amount of time that the employer is required to protect the employee's job is limited. Once that time is up, or if the protected job leave does not apply, the employer has no legal obligation to follow the doctor's orders.
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