Question:
Will I be able to claim FMLA with my job while I'm out for two weeks?
I am not really good at all this insurance stuff and what is and isn't exceptable for Family Medicial Leave Act. Would my surgery be covered under this? Can all you insurance and Human Resource pros help me here? — Nicole F. (posted on December 5, 2001)
December 5, 2001
As long as your company has FMLA this surgery will be eligible.
— Sharon E.
December 5, 2001
If your company has FMLA, and they should, there is alot of paperwork
involved to apply for it. If you believe that your chances of being
approved for surgery are good, then I would recommend starting the FMLA
process as soon as possible. Talk to your human resources department, they
can give you all of the required information.
— Melissa S.
December 5, 2001
My supervisor had to fill out several sheets for FMLA. HR
gave her the example to follow and all I had to do was sign...
— [Anonymous]
December 5, 2001
You should check the FMLA requirements in your state and at your company.
I'm not sure if it's state or company specific, but I know at my company I
had to be there a year or more (which I was) in order to qualify for FMLA.
The FMLA guaranteed my job or an equivalent position when I returned to
work, but the Short Term Disability was what paid 85% (amount varies from
company to company, check your HR handbook or website) of my paycheck while
I was recovering from surgery.
— Anita N.
December 5, 2001
For those of you not truly familiar with FMLA, It is not Company or State
specific. The Family Medical Leave Act was put in to place in 1993 for
anyone that works and has to have time off for a serious illness of thier
own, or a family member such as a child, or elderly parent, or spouse, or
maternity etc..
This allows you, the Employee to take up to 12 weeks of time off at work/or
465 hours non paid hours and it doesnt have to be all at the same time,
but you must use all available vacation/sick time if you have any accrued.
It basically protects your job. It runs on a calander year rolling
accrual. It is a benefit that most people dont tell you about unless
asked.
One of the prereqs are that you have been a full time employee for at least
a year. Look it up on the internet or check with your Human
Resource/Benefit Coordinators at work. If they are'nt familiar with it,
they need to get familiar with it because it is a law. Good Luck
Marie Hammers
— Marie H.
December 5, 2001
Most companies have short term disability available these days. Check into
that first, before the FMLA! Youll get paid with the disability, not with
the other. Im not sure about you, but, I believe most people cant afford
being without a check, even for two weeks! Good Luck! God Bless!
— Kerry P.
December 6, 2001
I thought the same thing everyone else is saying. BUT my company has a
clause that in order to qualify for FMLA you have to be employed with them
for 18 months. So I actually had to pay a "cobra" for my
insurance in order for me to have insurance to cover the surgery. I also
have s/t disability and I am already back to work and have not heard a
definate on whether my one month off will be covered. It is definately a
sure benefit for you to find out about all of this before surgery. I did
not find out until AFTER!
— Katrina M.
December 8, 2001
my ins co did not pay for my surgery but my short term dis will because i
am not able to work
— sandy E.
December 9, 2001
FMLA is not up to your company ... It is Federal Law.
(Family Medical Leave Act). Look into this through your employer! They
cannot hold it against you in anyway. There are forms, and part of it needs
to be filled out by your Doctor.
— * Debbie *
December 9, 2001
Not all companies have FMLA. The federal government requires it only if a
company employs more than 50 employees. Those of us working for a small
company or local mom&pop shop may be out of luck. Go to www.google.com
and search for FLMA. The appropriate government website will appear and you
can read about this law first-hand.
— [Anonymous]
December 9, 2001
I am a supervisor at the Dept of Justice and process the paperwork for all
my employees. They invoke FMLA all the time for care for themselves or a
dependent unable to care for themselves. All it requires is a letter from
the employee stating that they want to invoke FMLA. This entitles them to
12 wks per year for this care. The leave is leave without pay but it
insures them they will keep their job or a job that is equivilent after
their return. I, myself, have invoked FMLA for the next year. I can use
it however it is necessary. One hour, two days, a week, or whatever I
need. When initially invoking it, a letter must be turned in from the
doctor stating the need. This is attached to your letter invoking it and
that is all that is needed. Of course, leave without pay is not fun
because #1 you don't get paid! #2 all future leave and raises are delayed
for two wks longer if you use 80 hrs or more. I do think it is great for
doctor appts or when I just don't feel up to par. I can leave work, stay
at home, go to doctor, go home for a while to get myself together, or
whatever is needed and I don't have to go to the doctor or bring in another
doctor's slip. I just returned to work this week and I got sick at work
one day. I was exhausted and nauseous. I went home at noon. Didn't have
to take any sick leave. It is very fair and I thank Bill Clinton every day
for his wonderful consideration in passing this bill! This is one bill
that was passed just for the working person and it helps a lot of us. Good
luck to you. The government red tape is not so hard to work through once
you find out exactly what you are entitled to. Notice I have used
"entitled" twice. If you are employed by a government agency
that has over 50 people and you have been employed for more than a year, it
is your entitlement and no one can deny you this. By allowing leave
without pay without penalty, our rights have been enhanced a great deal.
Once again, God Bless Bill Clinton!!!
— Marilyn C.
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