Question:
I do not qualify for FMLA
I am being faced with a challenge with the leave of absence request for work. I have only been with the company for 6 mos so I do not qualify for FMLA. In my opinion, I work for a very legally sound company. When requesting the leave initially I was told that my job would not be protected and that it would have to be approved by my manager based on business need. I intentionally scheduled my surgery after the holidays as well as performance evaluation( so that I could complete all 25 of them before I go out). In addtion it is during a slow period. I am a little nervous though as I obviously cannot afford to loose my job. I am hoping to only be out 2-3 weeks as I am having the lap rny. I was told that I could possibly bring up a reasonable accommodation under the ADA, however I wouldn't consider myself disabled. I checked with my insurance to see if I could hold off until I was FMLA covered, but the approval is only good for 6 months. If I reschedule the surgery six months from approval, I am still 19 days away from FMLA eligibility.....sorry this is so long, but I am hoping I can get some good feedback! Thanks!! — Felicia J. (posted on November 26, 2002)
November 26, 2002
Short term disability doesn't necessarily mean you have to be disabled in
the way you might be used too...My work is very good about
fmla/disability....If I am off for more than a week, it is turned into
short term disability..might be the same for you...good luck!
— thekatinthehat
November 26, 2002
I was only out 2 weeks and took vacation time. Still have not told anyone I
had surger....
— Keniki B.
November 26, 2002
I'd say if you qualify for this surgery, then you quality for ADA. I think
you will find that going back in two weeks is not a problem. Have you ever
considered going back early and working shorter days?
— Kim F.
November 26, 2002
I would see if I could use my vacation time. If you don't have anytime
left, I would wait till the first of the year to have it if you get more
vacation time in Jan. Or you could check with your employer and see if you
could take an unpaid leave of absence. It's worth a shot, best of luck.
— Heather S.
November 26, 2002
I say use everything at your disposal. Check with the ADA regs, and also
contract the Labor board, BOLI, or with the department (I am not sure which
it is, but it is posted at the bottom of the posting for FMLA). There is
always someone there that I am sure that can help you. I also agree that
more and more companies are willing to do short term disability or medical
leave of absence, even if you do not qualift for FMLA. As long as you can
afford it I say fight for it, if you like the job.
— Kim M.
November 26, 2002
It should not even have to be FMLA. What would the company do it you
needed heart surgery and were going to be out for a couple of weeks? I had
lap RNY and was back to work within 14 days. It should be short term
disability.
— Linda A.
November 26, 2002
Felicia---I'm confused about why they're telling you that you don't qualify
for FMLA. FMLA is a federal law that requires employers to provide you
with time off (not necessarily paid) to care for yourself or dependents for
a qualified medical condition. Surgery is a qualified medical condition.
Under FMLA, you are guaranteed your present job OR A COMPARABLE job upon
your return. You are required to give as much notice to your employer as
possible (sounds like you've done that). When I was checking out the
surgery, etc. I found a website that had a lot of this information on it.
I believe that it is under the U. S. Department of Labor. Read up on this
and have your facts together---don't just accept what your employer tells
you. Good luck!
— asumamma1
November 26, 2002
I'm a benefits manager. Your HR office is telling you won't qualify for
FMLA as you've only been there at your job for 6 months. It has nothing to
do with the surgery. It's simply the time you've been at your new job. You
have to be there for 12 months before you are granted any FMLA time. You'll
need to work this out with your department manager and hope that they are
understanding. If you are having Lap surgery and intend to be back within
2-3 weeks you probably won't have much of a problem.
— Colleen S.
November 26, 2002
While FMLA is a federal law, there are certain guidelines that you must
meet, primarily, you must have been with the company for 12 consecutive
months before you qualify for FMLA leave, so they are correct in advising
you of that. Until you've met those 12 mos, they are under NO OBLIGATION
to hold your job. Now, I work in the benefits side of HR, but I'm
currently working on an FMLA leave issue and this is what I've encountered.
I have an employee what went out BEFORE her FMLA leave began...however,
while she was out on leave, she met her 12 mos to qualify for FMLA - so
now, her FMLA is kicking in, so, in addition to the 3 mos she's been out,
she's getting an additional 12 weeks. Ask your HR person what would happen
in that scenario. It would vary state to state, but it's work asking.
— Rosario T.
November 27, 2002
You must work for AT&T Broadband...Cause that is the same story they
fed me when I was pregnant with my daughter!
— Renee D.
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