use short term disability for doctor's visit

It must differ state to state. You can definitely do it in Indiana. DH discussed it with HR after our friend told us about the option. DH used all three weeks of his PTO in 2011 taking our daughter to appointments and we were starting to feel pressured for the first time in our lives. This option would allow him to take off an hour early (unpaid) to make the appointments instead of being forced to take his vacation time in half-day chunks (they don't allow anything less). Luckily, we never had to use the option as the medical situation improved and the appointments were more spread out, but HR confirmed that he could use it this way if he wanted to.

Yeah, I think each state tweeked FMLA a little, like I posted, here in California, it is paid leave, paid out of the State Disability fund...
 
Like others have said she isn't eligible for FMLA if she just started the job.

It really doesn't sound like this job is a good fit for her. Or she needs to find different doctors with longer hours.
Or maybe doctors in the town where the company is (an hour from home)?

IMO, this is not the company being "mean". It sounds like a new employee trying to take advantage of the company. Someone who has to take so much time off for medical reasons after recently being hired doesn't sound like someone who should have taken the job. Unpopular opinion, I'm sure.
 
FMLA is a federal law. Some states have their own version. For the federal law, you must have worked 1,250 in the past 12 months for an employee who has at least 5o employees in 75 miles.

You must meet all sections of the law in order to be covered. Under FMLA, the company may dock an exempt employee's salary if they are out of paid time off. Docking of exempt employees can only happen under certain circumstances so usually a company requires an employee to use all available sick, vacation, personal time when out and then will dock employee if further absences occur.

I can understand why the employee is unhappy with your friend. It sounds like she has had to change her schedule/take time off for quite a few things. In your second post you state that in 10 days she was out 4 of them. For a new employee that is a lot of time.

She should keep in mind that even if she has vacation time available, the company does not have to allow her to take it.
 
Or maybe doctors in the town where the company is (an hour from home)?

IMO, this is not the company being "mean". It sounds like a new employee trying to take advantage of the company. Someone who has to take so much time off for medical reasons after recently being hired doesn't sound like someone who should have taken the job. Unpopular opinion, I'm sure.

:thumbsup2 Agreed!
 

I agree with others that this job does not sound like a good fit. She needs something with either very flexible hours, fewer hours or not a typical 9-5 so she is out of work when doctors are open.

If I was her employer or a coworker always having to cover I would definitely get upset about this pretty quickly. Now if she was employed for years and then had something happen where she needed to see a doctor once a week for a few months that is one thing... but for a new employee?
 
I agree with others that this job does not sound like a good fit. She needs something with either very flexible hours, fewer hours or not a typical 9-5 so she is out of work when doctors are open.

If I was her employer or a coworker always having to cover I would definitely get upset about this pretty quickly. Now if she was employed for years and then had something happen where she needed to see a doctor once a week for a few months that is one thing... but for a new employee?
I'm kind of mystified why an EXEMPT employee would have any duties that would need "covering". What does the job entail? Exempt positions are supposed to be managerial or special knowledge jobs.

If the OP's friend is doing grunt work requiring "covering", she's might be misclassified, possibly illegally, by her company. Really curious on this one.
 
I'm kind of mystified why an EXEMPT employee would have any duties that would need "covering". What does the job entail? Exempt positions are supposed to be managerial or special knowledge jobs.

If the OP's friend is doing grunt work requiring "covering", she's might be misclassified, possibly illegally, by her company. Really curious on this one.
I am exempt in my role and my role does require someone to cover for me while I am out. I manage several clients for business administration and if I am out, my companies need to be able to get answers.
 
TRUE. It just helps with the harassment and being forced to use up all your sick or PTO days.

In our company you have to use your PTO time for your FMLA time. Once your PTO is gone you then go unpaid.
 
I'm kind of mystified why an EXEMPT employee would have any duties that would need "covering". What does the job entail? Exempt positions are supposed to be managerial or special knowledge jobs.

If the OP's friend is doing grunt work requiring "covering", she's might be misclassified, possibly illegally, by her company. Really curious on this one.

I can think of lots of positions at my place of employment that are exempt and would need someone to handle their duties while they are gone. In fact, I have several additional duties I have to handle if my exempt staff are not at the office.
 
Or maybe doctors in the town where the company is (an hour from home)?

IMO, this is not the company being "mean". It sounds like a new employee trying to take advantage of the company. Someone who has to take so much time off for medical reasons after recently being hired doesn't sound like someone who should have taken the job. Unpopular opinion, I'm sure.

I would agree too. I would be pretty annoyed with a new employee taking off that much time for appts and constantly rearranging their schedule. I am lucky that I have a boss that is really great about working with us on appts (it does help that I'm salary and don't have to be here btwn a certain time frame unless I have a meeting) but from the sounds of it I think she would even get to the point of being annoyed.
 
It's been awhile since we had someone who needed FMLA but at that time they had to take any earned PTO (vacation) before they could take FMLA.

My company went to a PTO system where you have to take 5 PTO before short term disability kicks in for an illness. So there's no option for STD for a doctor visit. I am exempt and am lucky that my boss will allow me a couple hours if needed. The flip side is I often work for more than 40 hours and don't get overtime.
 
I didn't think you could FMLA for a few hours here and there, I thought it had to be in chunks of time, like a month.

No - my sister has ready to take care of our Mom in my home weekday mornings while I was at work. She would have been able to go to work in the afternoons when I was at home. She had the paperwork all filled out, but our Mom ended up in the hospital, so home care was no longer needed.
 
Whether or not employees have to take PTO in conjunction with FMLA is a company policy, not a mandate of FMLA. If the employee has earned leave and is eligible to be protected under FMLA her FMLA paperwork from the employer should state this.

It sounds like she is too new to qualify for FMLA protection but she should request information from the HR Dept
 
She needs to go to her HR dept and discuss in detail and look for any viable options. Honestly, as a manager I would be regretting hiring this person (with the info you have provided) and would be looking to get rid of her within the legal guide lines. At my employer, if she was within the first 90 days, we would just say its not a good fit and term her.
 
I didn't think you could FMLA for a few hours here and there, I thought it had to be in chunks of time, like a month.


Under federal FMLA you can take it a few hours here and there but it has to be for a single consistent condition. For example, if someone has cancer and goes for chemo one day a week (takes whole day) and comes in an hour late for a blood test a different day, and occasionally misses a string of days because of increased susceptibility to viruses, they can take FMLA for all those times.

But if this is a case, for example, where someone just got health insurance so they signed themselves us for a dentist, and an eye doctor, and a check up, and then bloodwork, and then a follow up, and the dermatologist, and then their kids have dentist and one of them had to go back twice. That wouldn't be covered.
 
She needs to go to her HR dept and discuss in detail and look for any viable options. Honestly, as a manager I would be regretting hiring this person (with the info you have provided) and would be looking to get rid of her within the legal guide lines. At my employer, if she was within the first 90 days, we would just say its not a good fit and term her.

Thats what I was thinking when I was reading this. I can't imagine any employer keeping her if they are within their 90 days.
 
She has type 2 diabetes, she sees an endocrinologist, a regular doctor, she has back pain, and has physical therapy, physical therapy does have Saturday schedule, but she can't take the weekday schedule, hence she has stopped physical therapy. She has regular check up, then mammography. she has not been taking all of them. Then there is the dentist appointments. Say in the last 10 days, she had 2 different minor surgeries, but it took her 4 days, including follow up visits and taking off the stitches, and she used her vacation days.

The work place does offer STD and LTD

She still plans to take the vacation (otherwise it will be punishing her family), therefore she does not want to choose taking vacation or seeing doctor. She is thinking of using part of her vacation time for vacation, but if she were to use vacation time to see the doctors, she will likely using up her vacation time mid year.

Aren't regular check ups and mammographys yearly things? I don't see how she is going on appointment after appointment for these things.

She can most likely find a dentist with hours she can somehow fit into her schedule.

She doesn't want to use vacation time for medical appointments? It sounds like med appts are a huge intrusion on her work schedule, but, I'm going to make a wild guess that they don't interfere with her vacation plans.

2 minor surgeries in 10 days? Were these medical necessity?

If she is on a 90 day probationary period, I would tell her not to count on being kept on.
 
Wow. I love my dentist and he stopped his weekend hours. He's too far away for me to make it in the evenings so I schedule a vacation day and try to schedule as many appts as possible. It's just a fact of life.
 
This "new hire" seems more trouble than she's worth. I'd be a "mean" manager, too, if I had to work around scheduling do to her multiple doctors appointments, therapy, surgeries, etc. I think your friend needs to find a different job--one which has more flexibility 'cause there's no way in Hades that she should expect to keep this one.
 
OP did meant ion that the employee in question told the manager's manager before being hired that she would need the special accommodations before being hired, and that person hired them anyway. I think part of the blame lays on the manager's manager.

However, not taking vacation days because it punishes the family because they want to go on vacation is bull. If she truly needs these doctor appointments then her health should come first. Her family should understand that.
 












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