FLMA Help

[StevieD]

A gluten for punishment I turn to my friends at Madjacks for help with a problem. My wife is the Executive Assistant to the CEO of a small company. The company is a small Visiting Nurses Non-Profit. She has been there six years and last year she received special recognition for going above and beyond.

Lately my wife has had some health issues. She is 56 years old. Has come down with diabetes and lately has been feeling kind of foggy.

After a few visits to her primary her primary doctor scheduled a few tests. To make a long story short it turns out that her thyroid was way out of whack. She had already been on thyroid meds and the doctor wants to up her dose.

This should take care of the fogginess she has been experiencing.

Anyway, now that things seem to be somewhat under control her boss wants her to take time off under the FLMA. Not all in row but when she needs doctors appointments to use FLMA time.

They called her into Human Resources and gave her the paperwork to have her doctor sign.

I don?t see how this is an FLMA thing. She has been out on doctors appointments but not really an overly excessive amount. She has not even used half the sick days available to her.

I told her to get her interview outfit polished off as I think they are out to get her. But I don?t understand why they want to get FLMA involved. Any ideas of what they are up to? If anything.

 

[Trampled Underfoot]

I worked as a manager in a company for awhile where FMLA was abused so i'm a little familiar with it. FMLA allows workers to get time off whenever its needed as long as its approved by a doctor. I had to deal with people that I knew were okay to work, but would take tons of time off. The purpose of FMLA is to allow employees to take time off without it counting against them as an unexcused event.

In your wife's case i'm not really sure why they are being pro-active in having her sign up for it. Its supposed to protect the worker from being fired but with her being in a unique position, if she misses a bunch of time they could fire her anyway I would think. I guess it depends on the state.

So I guess they could really be trying to help her or push her out the door. Really it could go either way. I'm sure you both have a feeling one way or the other.

 

[MadJack]

not really sure why they are being pro-active in having her sign up for it

because it's UNpaid leave :shrug:

 

[StevieD]

because it's UNpaid leave :shrug:

Not realy Jack. It would be paid as long as she has sick time. And they are not saying take a month off, they say use FLMA time instead of or along with sick time, when she needs it for doctor appointments.

 

[MadJack]

Not realy Jack. It would be paid as long as she has sick time. And they are not saying take a month off, they say use FLMA time instead of or along with sick time, when she needs it for doctor appointments.

I shouldn't have replied because I don't know anything about it. I thought it was all unpaid leave. Sorry :s2:

 

[yyz]

FMLA is just a sort of blanket. TU covered it pretty well. (Except for the part about pushing her out the door.) I don't see that at all.

A good Human Resouces department will keep the employees up on their options without the employee having to dig.

Being that I work for Uncle Sam, you can bet I have plenty of co-workers who abuse the shit outta this type of leave. Guys will use it after mama pops out a kid, and take every weekend day off to golf, or watch the Packers. Nothing work can do about it, as long as you have the time to cover it. And if you DON'T have the time.......you can opt to go LWOP.

It's just a shortcut so you don't have to run to the doctor to get an excuse for every day you take off dedicated to this specific documented reason.

 

[Redhog]

Most companies that have a good HR department will be proactive, if they know that an employee has a so called medical condition it is also the companies responsibility to provide the employee the necessary paperwork...........I would not sweat it as it is normal procedure, and do not see it as they trying to push her out the door.....Each employee is allowed so many hours per year?? i cannot rember off the top of my head however i deal with this as a VP of sales on a daily basis.....Most companies will have you take any vacation and or sick leave prior to filing time against FMLA.........So relax this is normal procedures.

 

[Trampled Underfoot]

Most companies that have a good HR department will be proactive, if they know that an employee has a so called medical condition it is also the companies responsibility to provide the employee the necessary paperwork...........I would not sweat it as it is normal procedure, and do not see it as they trying to push her out the door.....Each employee is allowed so many hours per year?? i cannot rember off the top of my head however i deal with this as a VP of sales on a daily basis.....Most companies will have you take any vacation and or sick leave prior to filing time against FMLA.........So relax this is normal procedures.

I think its 1/4 of the year, 520 hours or so. Yeah, I never worked in HR so these guys would know much more about why they would recommend FMLA.

 

[StevieD]

Thanks guys so far you have been a wealth of information. Everyone.

 

[Redhog]

Madjacks comes to the rescue!

Correct.......That is normal......it is her bosses (in this case the CEO) responsibility to offer it to her......That way it doesnt come back and bite him in the arse down the road.......again this is not anything new....Nothing out of the ordinary happening here, just normal procedure. Doesnt matter if she is having major surgery or has siniutis .........same FMLA protection that the goverment set up.....

 

[WhatsHisNuts]

They pass out FMLA paperwork like candy on Halloween at my company. I have 4 people that have it. They get 60 days worth to burn as they please. Some people use it sparingly, others (like my employees) call off so much they run out of FMLA time by September. I hate this program with a fucking passion, but I do understand the purpose. Unfortunately, some people use it as a free pass to come and go as they please.

 

[StevieD]

Based on what you guys all said I told her to see if the doctor will agree that her situation qualifies for HFLA and will sign the paperwork. I guess we are confused because it is her boss who suggested it. Is there anyway this can turn around and bite her in the ass? Like if she gets laid off they don't have to pay her because she is unfit to work because she is on the leave. In her case it would not really be a leave. No surgery is schduled or anything just a few doctors visits and ultrasounds, stuff like that.

 

[yyz]

Based on what you guys all said I told her to see if the doctor will agree that her situation qualifies for HFLA and will sign the paperwork. I guess we are confused because it is her boss who suggested it. Is there anyway this can turn around and bite her in the ass? Like if she gets laid off they don't have to pay her because she is unfit to work because she is on the leave. In her case it would not really be a leave. No surgery is schduled or anything just a few doctors visits and ultrasounds, stuff like that.

This is why the law was put into place, Steve. The Family Medical Leave Act was put in place by Clinton in 1993, TO PREVENT employers from firing employees who need to take time off for medical reasons.

It's intent is for you to take unpaid leave, and still be assured of a job when you come back, but you can certainly use your accrued sick time or vacation time to keep a paycheck coming in.

The only "catch" is.....you are allowed 12 weeks per year. So, if your wife's place REALLY wants her out..........and you think she might need more time than this off..........that could be their "out". But it sounds to me like that won't even be close to what she uses for her case.

Good luck, and just google FMLA if you are worried about anything.

 

[StevieD]

Thanks for all the advice guys. My wives doctor, Nurse Practioner, (Hard to see a doctor these days) agreed with you guys. She thinks it is a good idea for her.

 

[marine]

Concur with others. They are trying to help her. Let them.