Help! Did I use FMLA?

[needurhelp2]

I used my sick days for maternity leave. I had built up 42 days. I have a pre-existing blood clotting issue for which I filled out disability forms prior to my labor and delivery in case I had complications during the birth. I did not have any of these issues so the disability claim was not necessary.

When I began having some mental issues post pardum I requested to extend my maternity leave using FMLA time. I am being denied FMLA time because my employer stated I have already used the 12 week FMLA leave (even though my child is not yet 11 weeks old). I have never filled out any FMLA forms.

What are my rights? Have I used FMLA time? Can it coincide with my sick time in which I was paid my full salary even though I never filled out anything stating I wanted to use FMLA?

This is my tenth year as a teacher in the school. When I first asked for FMLA I was told I was not fit to return and they wanted to buy me out of my contract. There were going to give me $1900 in disability pay in this package....I am very confused about what might rights are, and what time I have used to this point- was it sick time, disability time, or FMLA?

 

[cbg]

If you, the employer, and the medical condition all qualify for FMLA, your employer is required by law to apply FMLA protections regardless of whether or not you request it.

FMLA is 12 weeks per 12 month period, not 12 weeks per medical condition.

 

[needurhelp2]

Do I have to sign anything or receive any paperwork that FMLA was begun?

I realize it is one 12 week time period per year-regardless of how many conditions occur in that time span.

 

[army judge]

Do I have to sign anything or receive any paperwork that FMLA was begun?

I realize it is one 12 week time period per year-regardless of how many conditions occur in that time span.

Yes, there are several forms that employers use. Each employer has their own protocol. Contact your HR Department and request FMLA. They'll talk you through the process and tell you exactly what documents you must provide and what signatures they require of you!

If I were you, I'd contact a local attorney to discuss the $1,900 buyout. If I were your lawyer, I'd advise you against taking that payment. You have too much too lose. Also, you might wish to contact your state teacher retirement agency and seek their guidance and advice.

 

[cbg]

There are no forms that MUST be used. There are forms that CAN be used, but they are not mandatory.

 

[needurhelp2]

My son is 10 weeks old. I had an emergency delivery so I have been out ten weeks. I have contacted an attorney but he isn't helping....other than to tell me not to go back to work.

No paperwork ever has to be given to me stating that my FMLA time was used then?

 

[cbg]

No, not any more.

In 2002, a US Supreme Court case, Ragsdale v. Wolverine, determined that as long as you received all the time you were due, lack of notification did not invalidate FMLA time.

Can you honestly say that if you had known the time was being attributed to FMLA, you would have done something differently?

 

[army judge]

This is my tenth year as a teacher in the school. When I first asked for FMLA I was told I was not fit to return and they wanted to buy me out of my contract. There were going to give me $1900 in disability pay in this package....I am very confused about what might rights are, and what time I have used to this point- was it sick time, disability time, or FMLA?

Was the $1,900 to be a monthly disability payment for life? Or, was it to a one time, lump sum payment?

 

[needurhelp2]

Thanks for your help cbg.

I am entitled to twelve weeks though, so I guess I still have two more weeks before they can do anything to me. I think it sucks because now I have no time off if something were to happen to my son- he was born 7 weeks early and has a brain tumor. So, yes I would have liked to have known I no longer had any FMLA leave because I would have gone back to work and saved some for his inevitable surgery.

 

[needurhelp2]

One time lump sum payment from my employer. I guess my confusion is, how can you give me disability pay if I don't have any disability time. My employer also agreed to pay some other things as well.....seemed like they were just trying to get out of the contract without me suing them.

 

[army judge]

One time lump sum payment from my employer. I guess my confusion is, how can you give me disability pay if I don't have any disability time. My employer also agreed to pay some other things as well.....seemed like they were just trying to get out of the contract without me suing them.

Contact the state agency that handles teacher pensions. See what they have to say.

Do you have long term disability through your employer?

Contact some more attorneys and speak to them ASAP about your case. Are you in a teacher's union. They can provide you with legal advice, too. Get cracking on this tomorrow. Your teaching career and future are at stake, as well as your health!

 

[needurhelp2]

No union, private school. The school says I took all my disability time too. It seems like the time off given is going to be called paid leave, FMLA, and disability time.....it seems so unfair that maternity leave is all three things at once. I now have my own health concerns and his to face with absolutely no options for time off. Guess I should have just taken the offer when they fired me.

I have already paid a lawyer a retainer fee but he is not helping me-I am having to do all the work. Being a single mom I don't have the money to pay for another lawyer-not do I have a whole lot of time during the day to run around without having to bring him everywhere. Was just hoping to have my questions answered or be made certain that paying another lawyer will be worth it.

 

[cbg]

You are confusing disability pay (and disability leave) with FMLA. They are not the same.

Collecting disabilty benefits does not provide job protection. ONLY FMLA provides job protection. The disability carrier could agree to provide you with 6 months of benefits, or more - but only the 12 weeks of that time that were covered by FMLA would provide you with job protection. The employer can legally terminate your employment on week 13, day 1, of your leave, regardless of whether you are collecting disabilty or not. Not all employers will. But they can.

Disabilty is not leave. FMLA is leave. Disability is how you get paid while you are on leave.

Now, if a legally binding contract or CBA specifially says that you are entitled to more than 12 weeks, that's fine, and they have to honor it. That's contract law. But as far as ermployment law is concerned, 12 weeks is all you get, regardless of how many weeks disability pay is involved.

Yes, disability, FMLA, and maternity leave all run concurrently.