I could look it up, but my pages are loading too slow.. FMLA ??

[C.Ann]

Would my DD's hospitalization be covered under the FMLA if the doctor decides that when she's released she shouldn't return to work right away? (He thinks the stress from her job is a very big factor in her present condition.)

Also - do they have to hold HER job - or just "a" job? And it's 3 months - right?

Thanks!

 

[tar heel]

Just a job, not her job.

It's longer than three months -- a year maybe.

A company/organization has to have a certain number of employees before FMLA applies.

 

[C.Ann]

Originally posted by tar heel
Just a job, not her job.

It's longer than three months -- a year maybe.

A company/organization has to have a certain number of employees before FMLA applies.

---------------------------------------

They probably have at least 300 employees in the entire company - maybe more.. Would that be sufficient?

 

[mrsv98]

C.Ann,

Here is the info from the Gov website:

Synopsis of Law
Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

for the birth and care of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.


I think with the Doc stating that she is not allowed to work she would be covered. Someone may correct me but I believe Depression is officially recognized as an "illness". Also, I believe that she gets the job she has now, it is hard to tell from the website tho, I will look some more.

Here is a for you. My DMom's husband is bi-polar so I understand the difficulty of mental illness.

Edited to add more info:

"(11) SERIOUS HEALTH CONDITION. The term "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves
(A) inpatient care in a hospital, hospice, or residential medical care facility; or
(B) continuing treatment by a health care provider. "

"(a) RESTORATION TO POSITION.--
(1) IN GENERAL.--Except as provided in subsection (b), any eligible employee who takes leave under section 102 for the intended purpose of the leave shall be entitled, on return from such leave--
(A) to be restored by the employer to the position of employment held by the employee when the leave commenced; or
(B) to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. "

 

[C.Ann]

Originally posted by mrsv98
C.Ann,

Here is the info from the Gov website:

Synopsis of Law
Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

for the birth and care of the newborn child of the employee;
for placement with the employee of a son or daughter for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.


I think with the Doc stating that she is not allowed to work she would be covered. Someone may correct me but I believe Depression is officially recognized as an "illness". Also, I believe that she gets the job she has now, it is hard to tell from the website tho, I will look some more.

Here is a for you. My DMom's husband is bi-polar so I understand the difficulty of mental illness.

Edited to add more info:

"(11) SERIOUS HEALTH CONDITION. The term "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves
(A) inpatient care in a hospital, hospice, or residential medical care facility; or
(B) continuing treatment by a health care provider. "

"(a) RESTORATION TO POSITION.--
(1) IN GENERAL.--Except as provided in subsection (b), any eligible employee who takes leave under section 102 for the intended purpose of the leave shall be entitled, on return from such leave--
(A) to be restored by the employer to the position of employment held by the employee when the leave commenced; or
(B) to be restored to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. "

------------------------------------------------------------------------

Thank you SOOOOOO much! It sounds like she would definitely be covered - and that's one less thing for her to worry about!!

I really, REALLY appreciate you looking that up and pasting it for me!

C.Ann

 

[mickeyfan1]

FMLA applies only to companies with 50 or more employees.

How is she doing today, and also C.Ann, how are YOU doing?

 

[Pooh Girl 71]

Does your daughter's company have short term disability?

 

[C.Ann]

mickeyfan1 : I started another thread on how she (and I) are doing today - "Just got home from the hospital"etc... It's kind of long though..
-------------------------------

Pooh Girl 71: Yes, I do believe her company has short term disability..

 

[PamOKW]

I missed the original post about what's happening but you/your daughter might want to discuss it with her employer. If they are covered by short-term disablity I'd look at that first.

When you are on medical leave you aren't necessarily getting paid. You just aren't losing the job. Usually you have to use all your sick/vacation/holidays as payment and then the balance may be unpaid. I'm not 100% positive about what happens with your benefits either. I think you continue to be covered under the same guidelines as when employed but it could be that you could have to go on COBRA. You do have to discuss a leave with an employer, you can't just phone it in that you won't be back for 12 weeks.

 

[TerryKitten]

I'm just finishing my FMLA leave taking care of my newborn. Everyone seems to have covered it...

Got 12 weeks.
You keep your medical and dental bennies.
When finishes you are to get a job equivlent to the one you had when you left. Thankfully I have a great boss and I still have my original job (and they have a stack things to fix when I return )

 

[C.Ann]

Originally posted by PamOKW
I missed the original post about what's happening but you/your daughter might want to discuss it with her employer. If they are covered by short-term disablity I'd look at that first.

When you are on medical leave you aren't necessarily getting paid. You just aren't losing the job. Usually you have to use all your sick/vacation/holidays as payment and then the balance may be unpaid. I'm not 100% positive about what happens with your benefits either. I think you continue to be covered under the same guidelines as when employed but it could be that you could have to go on COBRA. You do have to discuss a leave with an employer, you can't just phone it in that you won't be back for 12 weeks.

-------------------------------------------

Whether she's paid or not isn't an issue - she's just concerned about whether she'll still have a job. Unfortunately, she isn't able to speak to her employer right now (per doctors orders) but the hospital officials have informed her employer both by telephone and by fax that she is currently in the hospital receiving treatment for a condition that may be lengthy in nature..

 

[ScarlettO]

But C Ann...if the stresss of the job is causing her depression, should she necessarily go back to that same job? Is that wise?

 

[C.Ann]

Originally posted by ScarlettO
But C Ann...if the stresss of the job is causing her depression, should she necessarily go back to that same job? Is that wise?

--------------------------------

No - I personally don't think it's wise.. But it may be something that she has to do for a short while - or on a part-time basis - until she can line up something else.. Of course if her doctor flat out says she can NOT go back, I'm pretty sure my DD will follow his instructions, regardless of the outcome.. You know how they talk about hitting rock bottom? Well that's where she is right now - and she's aware of it - so she knows that she needs to do what the doctor says and follow the instructions to a tee..

 

[Brer_Papa]

I would add a couple points if that's ok...

An employee must have worked 1250 hours in the year preceding the FMLA leave....

An employee is also allowed, without penalty (i.e. violations of an attendance policy) an intermittent leave...meaning, part of her 12 week FMLA leave could be split...such as 10 full weeks and the remainde in 1 or 2 day increments as needed....or all 12 weeks a day or 2 at a time...

Under the FMLA Act of 1993, an employer <b>MAY</b> have an employee us piad time as part of a FMLA leave...

also, even though some short term disability insurance are of a greater length than the 12 week FMLA...the employee is still eligible to receive the Short term during and after the FMLA leave...

plus, if the condition is work related or caused by aggravation of/in the work place...there may be eligibility for Workman Compensation (these laws vary state to state) which is also allowwed to be paid to the employee during and after the FMLA leave...

in the event the employee is still under a physicians care and receiving a short term disability, workman comp or not....the COBRA benefits would not be administerd unti after the expiration of he FMLA leave...the exception would be if the employer had an extenion of coordinated benefits in place...which some do in the event of the condition being a workman comp approved claim

finally, if it is a Workman comp claim, and the employee is returned to work with restrictions (sometimes called light duty, restricted duty or modified duty)...some states allow a partial benefit...sometimes called a supplemental benefit....

AND....if it was not a workmen comp case...and the employee is given a return to work slip with restrictions at the end of FMLA...and the employer has no light / restricted / modified duty work available...in some states, that employee is eligible to receive Unemployment benefits under the interpretation of the law that the employee is "available for work"....

i hope this is helpful....

 

[Keli]

C.Ann, your dd's dr will need to fill out the FMLA paperwork and it will need to be turned into your dd's employer's HR dept. They should process it and send her a copy of the paperwork and let her know it's been approved and what is the starting date. It can be retroactive to the date of her hospitalization.