FMLA

[lobeck01]

I am on fmla right now for back surgery, i go o the doctor thursday and i am sure he won't release me yet. I contacted my employer last week to see how much fmla time i had left and they won't tell me!! Any input on why?? I asked twice and got the response the first time you have plenty for the time your approved for now and second response was it will take time to figure that out, so how did thy know the first time i had enough and then it takes time to see?????what!!

Any input on why this is???

 

[PenguinPower]

What does your designation notice say in regard to approval?

 

[lobeck01]

When I got my approval from them it said approved through March 27th, there was no other information. Is that what your asking?

 

[Gooberlx2]

Did you speak with different people? Could be one doesn't know what s/he's talking about.

 

[sixone]

http://www.dol.gov/whd/fmla/

Eligible employees are entitled to:

Twelve workweeks of leave in a 12-month period for:
...
a serious health condition that makes the employee unable to perform the essential functions of his or her job;

 

[lobeck01]

I have to go brought the same person the court administrator

 

[highland145]

I have to go brought the same person the court administrator

Back off on the pain meds a little.

 

[lobeck01]

My concern was I had to take FMLA last year and the twelve month period from that ended the 26th of April and my surgery was the 12th so my FMLA time is overlapping so I was wanting to know how it was figured

 

[Mixolydian]

Back off on the pain meds a little.

Or go up. :sneaky:

 

[highland145]

Or go up. :sneaky:

Or have a beer.

 

[lobeck01]

The spell check messed me up sorry

 

[PenguinPower]

March or May? If approved through March 27th...you should have recert'd and received a new designation notice.

Anyway, I assume this has been continuous. What was the date you went out?

As for why they aren't telling you...All they are required to provide is whether or not the leave is covered under the FMLA and how many hours/days/weeks are being counted. If intermittent, you have the right to request an updated balance once every 30 days. You need to be keeping up with your remaining balance.

That said, most employers will provide their employees with balance information. They will also provide exhaustion letters as the employee approaches the balance exhaustion.

 

[PenguinPower]

My concern was I had to take FMLA last year and the twelve month period from that ended the 26th of April and my surgery was the 12th so my FMLA time is overlapping so I was wanting to know how it was figured

Do they use a rolling 12-month calendar?

 

[lobeck01]

Yes sorry I am approved through may 27th (sorry). Yes I believe 12 month rolling.

 

[sixone]

My concern was I had to take FMLA last year and the twelve month period from that ended the 26th of April and my surgery was the 12th so my FMLA time is overlapping so I was wanting to know how it was figured

FMLA is the minimum leave required by law. Your employer can give you more leave, if they choose to do so, but it's not required.

 

[lobeck01]

they haven't been very friendly about it from the beginning, real cold and not helpful

 

[PenguinPower]

FMLA is the minimum leave required by law. Your employer can give you more leave, if they choose to do so, but it's not required.

Not necessarily. ADA(AA) interplay comes into consideration upon exhaustion of FML. You have to look at it case by case.

 

[lobeck01]

I still have right leg and foot numbness, no strength in the leg, my doctor said I was very lucky that I could still walk

 

[PenguinPower]

Yes sorry I am approved through may 27th (sorry). Yes I believe 12 month rolling.

So, give me the dates you were out last year (beginning and end) and the date you went out this year and I can walk you through an estimation, assuming no intermittent leave throughout the time period in between.

 

[Slew Foot]

Sounds more like disability leave than FMLA

 

[PenguinPower]

Sounds more like disability leave than FMLA

Please explain.

 

[lobeck01]

I was out last year april 5th through May 3, then this year April 12th through may 27th so far

 

[lobeck01]

Wish we had disability we don't get that until after 5 years and its through the state since I work for the state and you must quit your job and be on it permanently. So FMLA is my only option and they take my sick and vacation with it

 

[lobeck01]

I have been there almost 5 years so the disability won't come into play

 

[PenguinPower]

I was out last year april 5th through May 3, then this year April 12th through may 27th so far

You would have earned back all leave used last year. So, you should have 5 3/5 workweeks remaining assuming a 5 day workweek. Translate that into days, you should have 27 days...216 hours.

I should say that if your cert says you should return on the 27th, they're most likely going to make you recert to support additional leave. If I were them, I would have already sent you the paperwork when you let me know you would be out longer.