HR experts, regarding FMLA

[JohnDaleswife]

I was out of work last night, will be tonight and most likely tomorrow night as well with a real nice staph infection on the inside/outside of my nose. It's bad. May be out all week. Now I was going to use the last of my vacation days to cover it but I got to thinking, is this FMLAable? I didn't ask the doctor assistant today because I didn't think of it, but now I wonder.

 

[Christine]

In order to use FMLA, you must have medical documentation in place (which I'm sure you can get), but you do realize that FMLA is not extra leave. It is just an ability to take up to 12 weeks off due to illness or caring for family members and not lose your job over it.

 

[firecracker725]

In order to use FMLA, you must have medical documentation in place (which I'm sure you can get), but you do realize that FMLA is not extra leave. It is just an ability to take up to 12 weeks off due to illness or caring for family members and not lose your job over it.

To add, FMLA is UNPAID.

And there's this bit...

Non-eligible workers and types of leave[edit]
The federal FMLA does not apply to:

• workers in businesses with fewer than 50 employees (this threshold does not apply to public agency employers and local educational agencies);
• part-time workers who have worked fewer than 1,250 hours within the 12 months preceding the leave and a paid vacation;
• workers who need time off to care for seriously ill elderly relatives (other than parents) or pets;
• workers who need time off to recover from short-term or common illness like a cold, or to care for a family member with a short-term illness;
• elected officials; and
• workers who need time off for routine medical care, such as check-ups.

 

[Allons-y!]

I was out of work last night, will be tonight and most likely tomorrow night as well with a real nice staph infection on the inside/outside of my nose. It's bad. May be out all week. Now I was going to use the last of my vacation days to cover it but I got to thinking, is this FMLAable? I didn't ask the doctor assistant today because I didn't think of it, but now I wonder.

No, that is not what FMLA is designed for.

 

[JohnDaleswife]

No, that is not what FMLA is designed for.

Okee dokee then. Vacation time I'll use!
But I was able to use FMLA for my daughter who got pneumonia one time and I only took off three days.

 

[smokeyblue]

FMLA is short for Family Medical Leave Act. Basically this is a law that says, if you or a family member that has a serious medical condition that requires leave from work, you will not lose your job. There is more to it, but like I said, that's the basics. Individual employers may have Extended illness banks or some other type of paid time that you can use during a medical leave. You would have to check with your own individual employer.

 

[maxaroni]

The company I work for wants one to use vacation days before FMLA kicks in. IMO, the benefit to FMLA is job security and that's it. It's nice to have that ability if needed, not having to worry about losing your job. However, since it's unpaid, most that I know have used it only when necessary...not a few days off of work.

 

[Allison]

Okee dokee then. Vacation time I'll use!
But I was able to use FMLA for my daughter who got pneumonia one time and I only took off three days.

You still aren't inderstanding what FMLA is. While an absence might be covered under FMLA, FMLA isn't a form of paid time off. You could be unpaid, use vacation, or use sick time all while being protected under FMLA.

It is possible for an absence of 3 days to be covered under FMLA, but how it is paid is unrelated.

 

[JohnDaleswife]

I know FMLA is not paid time off. I have used it a few times in the past 18 years with my employer. I just didnt know if this instance of staph would be covered under it or not. Like I said, I have been granted it for as little as three days and as much as six weeks.

 

[karensi]

FMLA is short for Family Medical Leave Act. Basically this is a law that says, if you or a family member that has a serious medical condition that requires leave from work, you will not lose your job. There is more to it, but like I said, that's the basics. Individual employers may have Extended illness banks or some other type of paid time that you can use during a medical leave. You would have to check with your own individual employer.

Why would you even want to go to the trouble or even bother to apply for FMLA if you're only going to be out for about 3 days?

 

[smokeyblue]

I know FMLA is not paid time off. I have used it a few times in the past 18 years with my employer. I just didnt know if this instance of staph would be covered under it or not. Like I said, I have been granted it for as little as three days and as much as six weeks.

If you are off for 3 days or more, require two office visits or one office visit and a prescription, yes, it can be considered a "serious" medical condition which is covered by FMLA. The only conceivable reason to go through all this awful paperwork and make your doctor's office hate you for 3 days off is a.) your employer requires it b.) need protection due to prior excessive absenteeism.

 

[Mizzoufan]

Seems like a lot of paper work for 3 days.

 

[JohnDaleswife]

If you are off for 3 days or more, require two office visits or one office visit and a prescription, yes, it can be considered a "serious" medical condition which is covered by FMLA. The only conceivable reason to go through all this awful paperwork and make your doctor's office hate you for 3 days off is a.) your employer requires it b.) need protection due to prior excessive absenteeism.

No absenteeism is absolutely not a problem what so ever. But if I can save my three vacation days I have left and use FMLA I will.

 

[Allison]

No absenteeism is absolutely not a problem what so ever. But if I can save my three vacation days I have left and use FMLA I will.

Sorry, but again this statement make it seem like you don't fully understand FMLA. FMLA doesn't replace vacation or sick time. It is not a bank of time to be used for days off.

It is a law that protects your job for covered absences.

The 3 days may qualify as FMLA protection. That doesn't have anything to do with your company requiring you to use your sick or vacation time for the 3 days you are absent if they so choose.

 

[SirDuff]

If you need to be out a week and only have three vacation days left, what are you doing to do for the other two days?

 

[mom2rtk]

I'm guessing the OP wants to take the time off now without pay so she can retain her ability to take vacation time later in the year.

Regardless, it doesn't sound like a situation that is eligible for FMLA.

 

[JohnDaleswife]

It may not be eligible for FMLA. I just don't know right now. If it is, my employer will let me use FMLA instead of my vacation days first. They are pretty good about that.

And if not, and I do need to be out an additional two days, my employer's plan will only count me absent for one day of the two that I will technically miss. As long as I have an doctor slip for it.

 

[JohnDaleswife]

I am just wondering if this infection would qualify or not. If it will, I will take the FMLA, no doubt. But it may very well not.

 

[sonnyjane]

I am just wondering if this infection would qualify or not. If it will, I will take the FMLA, no doubt. But it may very well not.

Technically it says for any "serious illness preventing the employee from working".

But can't you just talk to your company about getting a day of unpaid leave? Reading your update sounds like you're talking about one day, maybe two? I've taken FMLA when I had a four-week recovery. It's absolutely laughable to think of doing that paperwork for a day of missed work.

 

[LiveYourLife]

Why not take three unpaid days off if your employer is pretty flexible and understanding? I guess I'm just confused as to why you would go through all of the paperwork and hooplah to file for FMLA to get three days off that you are still not getting paid for.

We have to use all vacation time and sick time before we can file for FMLA.