Anyone know about FMLA? Questions

[WISHIN4DIS]

Hi there,

Well I am on FMLA on an intermittent basis because of a pesky health condition. I have worked for my company for over 5 years and am a good employee great reviews, never had a problem, everyone comes to me for my knowledge. I was reassigned to a new supervisor about 11 months ago, and she is evil!

On to my problem. I left work last week ill, due to the same reason I am on FMLA, I went directly to my specialist who told me I was to stay home the remainder of that day and the following day, returning the third day at earliest, his note even said this. Well I took the note in and low and behold she now wants my Dr. to put in writing what I was seen for. Now I am pretty sure that this goes against HIPPA, and any time I call in sick, she takes it upon herself to call me at home to see how I am doing. She is not concerned about me at all and shows it on a daily basis. Other employees have not been on FMLA and treated much better and are not harassed.

Does anyone know the laws and what I can do? What am I entitled to? I did not bargain for this type of harrassment.

TIA.

 

[Octoberbabiesrus]

This info for your condition should of put on the FMLA paper work, along with your dr's instructions about time off and frequency. As far as your condition goes, unless she is the big honcha at the company, its none of her business what is wrong.

 

[maddiesmom0116]

Hi there,

Well I am on FMLA on an intermittent basis because of a pesky health condition. I have worked for my company for over 5 years and am a good employee great reviews, never had a problem, everyone comes to me for my knowledge. I was reassigned to a new supervisor about 11 months ago, and she is evil!

On to my problem. I left work last week ill, due to the same reason I am on FMLA, I went directly to my specialist who told me I was to stay home the remainder of that day and the following day, returning the third day at earliest, his note even said this. Well I took the note in and low and behold she now wants my Dr. to put in writing what I was seen for. Now I am pretty sure that this goes against HIPPA, and any time I call in sick, she takes it upon herself to call me at home to see how I am doing. She is not concerned about me at all and shows it on a daily basis. Other employees have not been on FMLA and treated much better and are not harassed.

Does anyone know the laws and what I can do? What am I entitled to? I did not bargain for this type of harrassment.

TIA.

Hello-
I am sorry to hear about your illness. She has the right to ask you if the reason you are leaving or calling off is due to your FMLA condition, but no specifics. She cannot ask for a doctor's note, your benefits department can request updated paperwork be filled out for various reasons, but it would be a form not just a note for 1 instance. Now if what was wrong that one instance does not sound like the restrictions on your paperwork then it would just not be covered. It sounds like she is fruestrated and placing undue emphasis on your situation. She can call you as your employer but can not inquire on your health in any specifics.
Did you call them and tell them after your doctor's visit that you would not be in due to your condition? If not she may be upset for no advance warning when it was possible for you to give it.

 

[starann]

I am epileptic and suffer from chronic headaches/migranes. I am covered under FMLA when I have a ha. My boss asks why I am calling in....if it is due to a h/a it gets put under FMLA and therefore I can not be penalized due to a 1 occurance per quarter for call outs.

I call my manager to let her know when I'm sick, but them I either call or email our Employee health nurse (in HR) to let her know that I was out due to a HA so she can make sure I am not penalized later.

Most employers require monthly paperwork to be filled out from your dr. My dr wrote a letter explaining my condition and how it may 'flare up' at time. My employer was fine with that, yours may not be.


Good Luck!

 

[LaurenLC]

Hi there,

Well I am on FMLA on an intermittent basis because of a pesky health condition. I have worked for my company for over 5 years and am a good employee great reviews, never had a problem, everyone comes to me for my knowledge. I was reassigned to a new supervisor about 11 months ago, and she is evil!

On to my problem. I left work last week ill, due to the same reason I am on FMLA, I went directly to my specialist who told me I was to stay home the remainder of that day and the following day, returning the third day at earliest, his note even said this. Well I took the note in and low and behold she now wants my Dr. to put in writing what I was seen for. Now I am pretty sure that this goes against HIPPA, and any time I call in sick, she takes it upon herself to call me at home to see how I am doing. She is not concerned about me at all and shows it on a daily basis. Other employees have not been on FMLA and treated much better and are not harassed.

Does anyone know the laws and what I can do? What am I entitled to? I did not bargain for this type of harrassment.

TIA.

First, I would be very careful about throwing out the word "harassment" as I don't think asking someone a question or calling someone at home when they call out to see how they are doing is constitutes harassment.

When you filled out FMLA paperwork your doctor would have specified what you were being treated for. If your immediate supervisor has a question about this I would suggest that they contact someone in your company’s hr/benefit department, as they would have that type of information. To my knowledge, your immediate supervisor is not allowed to ask for any notes/information from your doctor.
I would however, suggest talking to your immediate supervisor about your medical situation. Sometimes it's hard for people to be sympathetic to what someone is going through unless they have some kind of idea as to what it is.... Obviously I don't know what your situation is, or what your relationship with your boss is like, but it might help.

Good luck!

 

[Binnie]

Please don't take this as being mean, but FML isn't a blank check to miss work whenever you want. Most businesses require some form of documentation that your absence(s) are related to the FML condition, rather than something else which isn't related to the approved leave. It protects them from abuse at the same time that I ensures that your FML entitlement isn't "wasted" on absences that are unrelated to the qualified condition.

It could be that your supervisor needs a little coaching from HR on how to deal with absences related to a FML, but you need to be flexible, too. It's not unreasonable for documentation that is specific (instead of joe schmo couldn't go to work today), nor is it a HIPAA violation to ask for information. If you want the absences qualified under the FML, you have to play by the rules.

Normally, when you are qualified for the leave, you are told how to report/what documentation is required to substantiate FML absences. But even if this didn't happen, it sounds like you need to talk to your HR person to find out the procedure going forward so that you can feel better about what you're asked to do.

 

[quentina]

You are protected by Hippa and no, you cannot be asked what is wrong or why you are out.

I also do not want to sound mean however, as an employer they have a business to run and it does sometimes get frustrating when people call off alot (even though we know and understand the circumstances).

Keep close track of your FMLA benefit. If you extinguish it, they are not legally required to hold your position, pay, hours etc. Keep a journal and know what you are allowed and what you have used. Also, how long are you required to work inbetween being out etc.

Good luck, I hope you start to feel better.

 

[Princess April]

Actually if they are paying the OP for the time off (sick pay) they can and do have the legal right for documentation supporting the absence. If you are using FMLA for care giver (which you are not) and you are not getting paid for the time off. I know this because #1 I work in HR and #2 I, too, utilize FMLA for a chronic medical condition.
I know that this seems like a pain in the butt but the best thing you can do is to have all your T's crossed and I's dotted. Better safe then sorry! ...and you providing all the information and being all on top of things will just drive her nuts... she obviously dosen't understand that this is no fun for you being ill... maybe, just maybe once you continually bring the paperwork and kill her with kindness she will give let up on you.
Take care of yourself!!!!