FMLA Questions??

Ok, I have surgery on 2-2-09 and I have had to leave work for drs appointments and labs etc a couple weeks before my surgery.

Will they go back and prodate things so that it covers the days missed for pre op appts etc? Also how many days do you usually have to submit info to the office about the claim before its auto rejected.

Im so worried about this and I dont want to lose my job, we have really strict job restrictions about days missed

My suggeston will be speak to your HR rep...dont wait to the last minute. This is a part of the preparation along with your labs,etc.  FMLA normally covers an extended period out of work to secure your position BUT every company can have a bit a twist but they must abide by all laws and regulations stated by the family medical leave. Contact your HR person to get further details and begin to complete your forms, if you have your date for surgery, length of time you will be out and return date.

Best of luck.

I can definitely help you with FMLA questions.  Are you currently approved for FMLA?  You need to find out who your FMLA Administrator is (probably HR, depending on how large the company you work for is).  Then, request the documentation for FMLA approval, if you have not already.  At this point, you need to get your FMLA in place for your surgery.  FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to "eligible" employees for certain family & medical reasons.  Are there at least 50 employees w/in 75 miles of your employer?  And, have you worked for them for at least one year and for 1,250 hours over the past 12 months?  That is a good standard to determine if you are covered under FMLA.  If you are employed by a company w/less than 50 employees w/in 75 miles FMLA does not cover you and, in fact, protects your employer.

FMLA covers a serious health condition that makes you unable to perform your job, BUT in this case you fall under advance notice certifications & you may be required to provide advanced leave notice and medical certification.  Taking leave may be denied if these requirements are not met.  You have to provide 30 days notices when the leave is "foreseeable".  Your surgery date of 2/2/09 is "foreseeable" and so you have to give advance notice & be "approved" through your FMLA administrator prior to surgery.  You can still apply, but they don't have to approve you for time off for the surgery and recovery if that is what you are looking for because you fall w/in the 30 days.

 It sounds like you are concerned about your job because of appointments you have already taken.  If you don't have approved FMLA, and these appointments were foreseeable, then you are not automatically protected (due to the 30 day notice rules)...because they were appointments and were set in advance, you are required to give notice and could fall outside of the FMLA protection if you have not. 

Your physician, however, needs to complete the Certification of Physician or Practitioner (FMLA Form) and in section two, I believe, it will say "FIRST DATE OF INCAPACITY" covered by that certification and also include a section w/probably LAST day of incapacity.  You could have your doc fill that out w/the first date you took off and submit it with that.  Will will need, however, your doctor to determine in Section C if your leave is intermittent (i.e. for office visits, etc.) or full time.

I hope I answered some of your questions. If not, let me know  & I will try to answer any questions I can.

 Good luck!  Take care!