FMLA

[lobeck01]

Ok so if he puts me off another 6 weeks I would exhaust my FMLA?

 

[lobeck01]

Thank you so so much I really appreciate it, I wasn't sure how it works with an overlap

 

[PenguinPower]

Ok so if he puts me off another 6 weeks I would exhaust my FMLA?

Yes; however, if you have a definitive RTW date and your condition could qualify as a disability under the ADA (which most everything does), your employer would most likely have to allow you additional time off as a reasonable accommodation.

 

[Gooberlx2]

Please explain.

I think he means short-term disability (1-6 months out due to illness/injury). It's an insurance benefit offered by some employers. My current employer doesn't offer it, but they allow unlimited sick days in its place. We do have long-term disability which kicks in after 6-months of being unable to work.

 

[lobeck01]

We don't have short term disability nor do we have unlimited sick days, my gut says if I go over they will terminate me

 

[PenguinPower]

I think he means short-term disability (1-6 months out due to illness/injury). It's an insurance benefit offered by some employers. My current employer doesn't offer it, but they allow unlimited sick days in its place. We do have long-term disability which kicks in after 6-months of being unable to work.

I get that...but STD is income, not job protection (usually). FML is job protection but not income. They are not mutually exclusive and usually run concurrently (same with WC).

I was curious as to his rationale that something sounded "more like disability leave than FMLA."

 

[PenguinPower]

We don't have short term disability nor do we have unlimited sick days, my gut says if I go over they will terminate me

If they do, without going through the interactive process with you, they will open themselves up to fairly costly legal risk.

 

[Blieb]

I am not a lawyer or leave specialist.

My understanding is that it's 12 weeks per calendar year.
If you exhaust any paid time off that your company gives you can still legally take off, but you won't be paid.

 

[PenguinPower]

I am not a lawyer or leave specialist.

My understanding is that it's 12 weeks per calendar year.
If you exhaust any paid time off that your company gives you can still legally take off, but you won't be paid.

It depends on company policy. There are four options (calendar year, any defined 12-month period, 12-month forward period starting on the first day of FMLA, and a rolling 12-month period. The last option limits the possible missed days the most, though is more administratively burdensome.) for employers to take and if they do not specify, the one that favors the employee the most will be used.

 

[lobeck01]

I go to the doctor tomorrow so we will see

 

[lobeck01]

I went to the neurosurgeon today and my leg is still very weak and still have numbness and pain, so he will not release me to work as of now and stated he does not have a release date there is no way to know how long my recovery will be it is different person to person. So I'm certain my work will be very angry and I probably will get fired

 

[PenguinPower]

I went to the neurosurgeon today and my leg is still very weak and still have numbness and pain, so he will not release me to work as of now and stated he does not have a release date there is no way to know how long my recovery will be it is different person to person. So I'm certain my work will be very angry and I probably will get fired

If you exhaust FML and have no definitive return date, there is no legal obligation to hold your job.

You need to contact your work and ensure you get a new cert/designation notice to extend to your full balance to see if there are any changes.

 

[lobeck01]

We will need the doctor to submit a new Certification of Health Care
Provider for Employee's Serious Health Condition form before we can make
a determination on further FMLA.

This is the response I got from my employer

 

[lobeck01]

But like I said before they wouldn't tell me what FMLA I had remaining....