question...

[slk537]

thanks!

 

[ducklite]

Wow. I'm not an expert on it, but it sounds like his company are being buttheads and in violation of the law. Can't offer any advice, but I hope it works out.



Anne

 

[Nennie]

I wonder if your husband's company doesn't understand the distinction between paid sick time and FMLA? FMLA simply requires the employer to hold his job, but does not require he be paid for it. If your husband uses up his "paid sick time" then he would be eligible to apply for TDB through the state. I wonder if the employer is confusing FMLA with TDB, and thinking he doesn't need TDB b/c he has paid sick time?

Nonetheless, the your husband doesn't need any "signed form" for the employer to hold his job. The law simply requires that the job be held, and the employer can't get around that.

 

[MidgeD79]

Ay my work you must go on FMLA for any time after 3 days. You are only allowed 12 weeks per year. I used FMLA after my dd died. I went on FMLA right away and was paid for the number of sick days I had available. There was alot of paperwork that had to be signed by my doctor, but I don't remember requesting FMLA.

 

[barkley]

your dh's employer does'nt have a choice of accepting the application or not. they must allow him to file and then either accept or deny the application-f the employer wishes a second or third medical opinion they must do it at THEIR COST. the federal form that i'm familiar with states clearly on it what the criteria and rules for fmla are. and if i remember right it only has about 6 questions-and the doctor does'nt have to disclose a huge amount of info. but rather simply certify that the employee meets the criteria.

as for part time use-i was a supervisor for an agency that followed the fed rules to the letter, and i had several employees (myself included) that used fmla on an intermittant basis. it ranged from time off for medical appointments to a reduced work schedual when necessary. h/r would take the 12 weeks, multiply it by 5 work days to get 60 days, then multiply that by 8 hours in an employees work schedual to result in eligibility to 480 hours of eligibility per year. we did have some unions whose mou's were set up such that they had collectivly agreed to fmla only being usable in a so many hour block of time for intermittant use (like minimum 2 hour blocks per day)-but their mou's could'nt be set up such to disadvantage their members from flma's protections.

if you go to the us dept of labor website they have a huge section on fmla and what the laws pertaining to it are-they also instruct an employee how to file a complaint for non compliance which they will assist in resolving (and fine the employer for if they are in willfull violation).

 

[slk537]

Thank you all SO much!!

 

[DMickey28]

I wonder if the fact that there is no set HR department has something to do with it. I would *think* he should be able to go to the Union or Personnel department to deal with this.

I was discouraged from using FMLA at the beginning of my pregnancy. I spoke with my office manager to try and get an idea of how it worked and he advised me to take anytime I needed before the birth as sick time or make up time b/c once I gave birth the FMLA would kick in automatically.

I contacted our HR office and the people that handle FMLA. They sent me the forms I had the doctor fill it out and I sent it back to them. My office manager and supervisor never had anything to do with it. I got intermitten leave approved and have used it when needed. The only thing I HAVE to do is tell my supervisor that I am taking the time coded as FMLA.

Technically my understanding is that your office manager/supervisor do not have ANYTHING to do with FMLA leave and your approval or disapproval for it. Perhaps you husband needs to sidestep his immediate managers and go to personnel or the union directly. I know that the people in my office that have approved FMLA time either intermittent or continous, the managers do not have the knowledge of what it is for, just that HR approved it.

I would suggest he contacts personnel or the union for further guidance.

 

[TiggerStac]

Ay my work you must go on FMLA for any time after 3 days. You are only allowed 12 weeks per year. I used FMLA after my dd died. I went on FMLA right away and was paid for the number of sick days I had available. There was alot of paperwork that had to be signed by my doctor, but I don't remember requesting FMLA.

for your situation. I don't see how your employer could have made you take FMLA for this situation. FMLA is family medical leave act to care for a ill family member or yourself, birth/adoption of a child. This doesn't seem to apply. I handle FMLA (well, I'm the manager over the person who does, but we both deal w/it) and we wouldn't have suggested FMLA to you, we actually offer personal leave of abscense for 90 days. You have to apply for it, etc just like FMLA. Same backround applies, have to be there 1 year, fulltime, etc etc..but it does not have to be medically related. They will hold your job just like an FMLA. We, also, offer PMLA, personal medical leave if you are not eligble for FMLA (due to amount of time at job) or you have used up your FMLA, it can be used as an extension. It is at our discretion to hold your job w/the PMLA...we have held it for the 4 years I've been there.

I am currently out on FMLA (had a baby). I had the option of using my vaction/sick days for part of my leave. I declined....I wanted to keep the week in there just in case my kids got sick. Didn't want to use it up. Some employers make you use your vacation, but our form has it that you have to initial to authorize them to use your vacation time...I didn't initial, so I didn't authorize.

We, also, had 2 employees using FMLA intermittently. One had Cancer and the other was his spouse. No problems. We just had to document in the computer the days they were out under the FMLA section. If he was out for a couple of days we'd mark it. Also, there were days he was too tired, because of it and we'd mark. He didn't use it up on the 2 years he did intermittent. He was a very determined man and worked right up until he went onto hospice!!

 

[barkley]

my former employer would have been aghast at the way i endorsed the use of fmla with my staff. i had a real issue with the fact that while they gave 12 paid sick leave days per year they considered that anyone who actualy used anymore than 80% in a given year as abusing it and they wanted me to address it negativly in their performance evaluations i mean, good grief-my staff worked with the public largly when the public was ill-they caught everything that came down the pike and still drug themselves into work. but when their kids had repative medical appointments or illnesses it was considered abuse of their sick leave to appropriatly handle the situation (a pretty mixed message when my staff had to document the failure of their clients to do the same for cps ).

i encouraged my staff that if they, their spouse or child had a medical condition that could require repeat appointments or the need for home care that they have their doctors do the paperwork before it became an issue. they did'nt have to start using the fmla time until they wanted to, but i could at least give them a heads up when the monthly reports showed they were entering a point of yearly usage that was going to trigger a call to me from h/r.

as a supervisor i never saw the forms once they were sent out, neither did managment. we provided the forms but they went directly to the h/r person who handled them. we just got the word when it was approved so we would know it was o.k. to sign off on the timecards the staff turned in. we did'nt hear anything else about it even if it was denied or there was some type of dispute over it.

i don't know how all employers handle it, but we had to have a designated person in h/r to handle it specificaly so that all the applications were handled equitably and there was no disemination between employee and supervisor of their medical condition.

i do seem to remember though, that when an app. was received it had to be signed and dated with a copy back to the employee-if i remember right there was a strict timeline on how soon a denial had to be issued otherwise the app. was deemed automaticaly approved.

 

[slk537]

Thank you so much for your comments!

 

[slk537]

my former employer would have been aghast at the way i endorsed the use of fmla with my staff. i had a real issue with the fact that while they gave 12 paid sick leave days per year they considered that anyone who actualy used anymore than 80% in a given year as abusing it and they wanted me to address it negativly in their performance evaluations i mean, good grief-my staff worked with the public largly when the public was ill-they caught everything that came down the pike and still drug themselves into work. but when their kids had repative medical appointments or illnesses it was considered abuse of their sick leave to appropriatly handle the situation (a pretty mixed message when my staff had to document the failure of their clients to do the same for cps ).

i encouraged my staff that if they, their spouse or child had a medical condition that could require repeat appointments or the need for home care that they have their doctors do the paperwork before it became an issue. they did'nt have to start using the fmla time until they wanted to, but i could at least give them a heads up when the monthly reports showed they were entering a point of yearly usage that was going to trigger a call to me from h/r.

as a supervisor i never saw the forms once they were sent out, neither did managment. we provided the forms but they went directly to the h/r person who handled them. we just got the word when it was approved so we would know it was o.k. to sign off on the timecards the staff turned in. we did'nt hear anything else about it even if it was denied or there was some type of dispute over it.

i don't know how all employers handle it, but we had to have a designated person in h/r to handle it specificaly so that all the applications were handled equitably and there was no disemination between employee and supervisor of their medical condition.

i do seem to remember though, that when an app. was received it had to be signed and dated with a copy back to the employee-if i remember right there was a strict timeline on how soon a denial had to be issued otherwise the app. was deemed automaticaly approved.

Interesting points.

 

[lauramae76]

I used it at my company in 2005/2006 for my dad. We are given 80hrs of FAMILY CARE TIME, that was used up with a week in the hospital, and doctors appts. I was told I could use pto first but I decliened. At first, I was told to use what I needed, then as time went on, they started to stay do you really need all this time. My dad is greek & also I wanted to be there when the doctors came in. I work for a large bank (wachovia), the benefits are great but as time went they asked me why I had to be with dad @ chemo. In Dec 2005, his chemo visit, my boss could not decided, if I needed to come back to work for 30 min. I was so upset I ended up hitting a car in the parking lot. Good Luck, I wish you the best with your husband's company.

 

[Disney Doll]

Do you need the assistance of an attorney who specializes in labor Law??? Sounds like they are stone-walling the FMLA and starting to "put together" a case for firing him by becoming "nit-picky".

 

[lauramae76]

My dad's doctor had the form, he filled it out for me. I the kind of person who needs & wants to be @ all his appts. I did everything on my own. Hope this helps.

 

[debbi801]

At my current company, it is required that an employee use all available vacation and sick time before they are allowed to take FMLA. This is a company with 5000+ employees across many states and this policy is posted clearly in the employee handbook and were all the legal postings are located. I cannot believe that my company is breaking the law by requiring vacation and sick time to be used first. So, I think that part of what your DH's employer was saying is accurate if that is their policy.

The rest sounds bizarre. I think I would be looking at seeking counsel.

 

[slk537]

Do you need the assistance of an attorney who specializes in labor Law??? Sounds like they are stone-walling the FMLA and starting to "put together" a case for firing him by becoming "nit-picky".

It is frustrating.

 

[slk537]

double post

 

[NotUrsula]

I'm not in HR, but I've used FMLA twice. Both times it was made very clear to me that I was getting a HUGE favor by getting to use up my paid sick/vacation time BEFORE beginning on my 12 weeks' FMLA eligibility; it is my understanding that companies may insist that they be counted as concurrent.
(Which IMO is double-dipping to the employee's detriment, it seems to me that if I am forced to burn my earned paid leave then I should not be losing eligibility for that number of FMLA days.)

For a lot of companies it seems to be about the benefit payment share. They do their dangdest to discourage people from using FMLA because they would prefer that you take an unpaid leave of absence instead so that they don't have to pick up any of your insurance premiums while you are not working. Places that are short on admin staff generally hate the paperwork involved in processing extra payments on a cash basis, rather than as a payroll deduction.

Good luck, anyway -- I'm kind of in the middle of this myself, b/c my company offers paid short-term disability for a mat leave, but only 6 weeks, and I want a total of at least 12 off. I offered to take it all FMLA, but they are balking at that.

 

[Lassie Lynne]

Just another word of advice for people: Some States ALSO have FMLA laws too now, so if you are facing a health issue with yourself or family members, look into your state laws, some of them are more lax then the federal laws ie: less employees needed per company to qualify, more weeks of leave, etc.

 

[Cool-Beans]

"Personnel" is the same department as "Human Resources." Most places changed the name, but not all. They do the same thing. I'm not 100% positive, but I think that the employee must use up any sick time, vacation, or leave before they can use FMLA. That's what I've heard from about 6,000 patients, anyway. But, I don't get into billing or money or anything.

I really know nothing about FMLA, but I know that the Cleveland Clinic has people who help the patients with it, so I'm guessing that the Mayo Clinic does, too.

So, you might call a social service person (none of them like to be called Social Service workers, but the title varies from place to place - if you ask for the Social Service person, you'll get whoever it is, lol) at the hospital and ask them if such a person exists.

I hope all goes well for you. Good luck!!