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FMLA - rock bottom

Posted: Apr 18, 2015

Have about 12 hours PTO left and have had to take off here and there due to 'photophobia' so severe I cannot look at the computer screen.

Friend of mine advised me to apply for FMLA in case I have no PTO left and have to take off due to illness, I would be covered and could not be terminated because I had no PTO and could not work.

Anyone with personal experience about this, please reply. I am aware that I must use all my PTO before unpaid FMLA kicks in and that I can only take 12 weeks per year. But, until I find out the cause and cure of this, I may need to take off because I cannot look at the computer screen.

I also know I need to fill out paperwork, take it to my doctor, etc. Mainly wondering if there is a way they can deny you anyway or if they can terminate your position for 'lack of work' while you are on FMLA.

I've known people whose position got 'terminated' when they were on paid sick leave and when they came back, they didn't have a job.

FMLA - Dotts

[ In Reply To ..]
I took FMLA when I broke my right ankle on ice and had to be in a long leg cast for six weeks. At that time, I had over 300 hours of sick time accrued, so I took FMLA using that sick time with no problem. I mean, it WAS my transcription foot!

I know someone who takes FMLA--sm - anon

[ In Reply To ..]
She is no longer a transcriptionist but works in a hospital. She has an autoimmune condition which makes it hard to work some days but other days are okay. If they do want to fire her, they have to come up with a way that would not point to the leave.

As a transcriptionist, I would not worry about being terminated. There are many similar positions within the company that they could keep you in. That is not to say though that you would be guaranteed to keep the account you are familiar with. It is entirely possible that they could move you to an account where the days missed will not affect TAT as much. Paid sick leave is very different than FMLA. Even if you are not sure about whether or not you want to pursue it, I would begin talking to your doctor about it and getting the paperwork in order, just in case.

I know if you stay out long enough you could owe them money - sm

[ In Reply To ..]
I know if you stay out long enough you could owe them money instead of getting paid, for instance if you have benefits with them

Reply to if you stay out long enough and FMLA - Been there - sm

[ In Reply To ..]
I had a baby a year ago and didn't realize I hadn't signed up for short-term disability. My FMLA "maternity leave" was only 4 weeks (couldn't afford to take any more because they DOUBLED my deductions while I wasn't working. So my checks were $0, $0, $0, $0 and then halved until I "caught up.") Bottom feeders.

FMLA - mtanon

[ In Reply To ..]
Since when does maternity leave fall under FMLA? I thought that was for long-term sickness or such where family members can take off and not lose their jobs? Maternity leave is something that was paid under short-term disability when I worked in an office and it also was paid as a benefit at 60%of my wage while off for 6 weeks. Again, this company is screwing everyone--as usual.

I worked as a HR manager... - kk

[ In Reply To ..]
for many years and had to deal often with FMLA. As far as maternity leave goes, if a company does not have a specific policy regarding maternity leave, it is covered under FMLA. FMLA allows an employee to take time off for medical issues or to care for a family member with medical issues. If you have any sort of PTO (or paid sick leave), this will be utilized during the time you are off. You are not guaranteed any pay during your time off; you may use short or long term disability if you have those policies, but the employer is not required to pay you, and you probably will have to pay for your benefits in full (employer will not make contributions to your medical, dental, etc..). FMLA protects the employer by putting limits on an employee's leave taken from the job, and the paperwork ensures that there is a legitimate medical issue that needs attention. It also protects the employee, holding a position open at the same pay grade they were making when they left, but not guaranteeing the same exact job functions (or in transcription's case, accounts). Although an individual company can have their own policies regarding specific conditions such as maternity leave, FMLA is a federal law and every company that does business in this country must abide by the policies. In the past, you had to be employed for 12 continuous months before you became eligible and only companies with over 50 employees had to abide by FMLA, but those things may have changed.

While they cannot terminate you, there are so many MLS sm - acuteMLS

[ In Reply To ..]
out of work for large parts of the day you very well could find yourself "replaced" by one of those people. It would still be legal, it's like musical chairs, only whent he music stops you're the one who doesn't have a chair to sit in.

This is REALLY not a good time to do this, but I guess you'll have to do what you have to do. Just know that this company WILL find a legal way to do whatever they wish, so FMLA protection really means nothing here.

Intermittent FMLA - all smiles

[ In Reply To ..]
What if a person ocasionally needs to take off due to illness and does not have any PTO banked?

Doesn't that person have to file FMLA in order to be sure to keep the job even though no PTO left for illness?

Taking a day now and then when cannot work, not taking days or weeks in a row.

Over this last year I've tried not to take any time so I would have time banked because of visual issues. So, all my PTO has been used up due to visual issues.

That is what the person I know does--sm - anon

[ In Reply To ..]
She takes days off as needed, not as chunk of time. They cannot fire her for it. Of course, she does not get paid if she does not have PTO saved up but she does still have a job. She does have to be careful because there is a limit to the number of days she can take off in a year.

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