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Sick and maybe jobless , HR. WORRIES

Discussion in 'Human Resources' started by Mariethull59, Feb 6, 2013.

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  1. Mariethull59

    Mariethull59 Law Topic Starter New Member

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    My position requires me to travel a 4 state area, I am a territory rep for a cell phone company. I have became ill in my past weeks and now HR has investigated the physicians I have seen plus some others items. I have been given a family med leave app. Due to the fact I have given them a physician note that I can't not work for a while til I get the use of my eye back. No side vision. I wear a patch. No driving, however, I can use the Internet.
    HR has investigated my insurance information and gotten the physicians I've seen, 3 and other info. They pay part of the premium . Isn't this a privacy issue or skating on thin ice. Kinda a doctor patience thing.
    Also my supervisor , even though he knows I can not drive, he keeps insisting that I must go places and work. Isn't this harassment. I have proof to all of this. I am so stressed out over this. I am so worried about losing my job. I don't know what to do. Any help is appreciated
     
  2. Betty3

    Betty3 Super Moderator

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    When you say you were given a family leave app - was it completed & returned with all necessary information? Are you talking about an app for FMLA leave? Your employer just requires enough medical information to determine if FMLA applies.

    Why are you still working - was your leave not approved or approved yet? If you're approved for FMLA, it is up to 12 weeks of job protected leave. (Do you & your employer meet the requirements for FMLA?)
     
  3. Mariethull59

    Mariethull59 Law Topic Starter New Member

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    I have turned to flma to the primary care physician. They say it may take a while to complete the document. I have another appt this Thursday 2/7/2013 with this doctor and on 2/8/13 I have appt with the cardiac physician due to abnormal EKG as primary care physician advised. Also an appt with optometrist due to eye issue . I have already seen 3 physicians due to this sickness . Bell's palsy and I now believe I have shingles on top of that. This stress is totally getting to me.
    In answer to the question no approving yet, scaried of losing my job. I was told that Internet was provided by my place of employment and they have not paid me yet for it, I have paid each month . They are not reimbursement me on my expenses for other things either. They keep saying they will pay me. I am can work at home. By Internet . But not driving to my retail stores, that I have in 4 states. And yes I am taking about FMLA FAMILY MEDICAL LEAVE APPLICATION. that's what they emailed me to go print out and have physician complete and scan back to HR.
     
  4. ferretrick

    ferretrick Member

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    Ok, first, if your doctor's office is not completing the FMLA application in a timely manner, you need to get on them and tell them you need it immediately. Since you have an appointment tomorrow anyway, I would call them today and tell them you expect to be able to pick up a copy of the completed form at your appointment tomorrow and proof that your employer received it. Remember, you are a customer of your doctor. "It will take a while" is not an acceptable answer. If the office staff has not done that when you arrive for your appointment Thursday, report them to your doctor and tell him that you must receive prompt service, and you expect him to make his staff comply.

    You need to get the form in to protect your job. If the job requires travel and you are unable to do that, yes, they can legally fire you, if you fail to return the proper documents to get approved FMLA leave. They may feel, completely justifiably, that doing the job by Internet is not adequate. Once you get your leave approved, your job is protected for up to 12 weeks, by which time hopefully you will be ready to resume all duties.

    As far as the unreimbursed expenses, who have you talked to about them? Have you submitted the proper paperwork for reimbursement? If you are talking to your supervisor and not getting anywhere, I would call AP directly and inquire politley and professionally what the hold up is.
     
  5. Elle

    Elle New Member

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    Reimbursement of internet expenses and other business expenses are not required by law. Unless you have a contract that outlines what they will pay, you are at the mercy of company policy which does not have the force of law.

    If you haven't turned in the documentation for FMLA, you aren't covered by FMLA.

    It isn't clear if there is a HIPAA violation or not. Paying part of the premium doesn't make them a covered entity and I'm not sure how you know they used insurance claim data to track your physicians. Equally unclear is what they did with that information.
     

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