FLMA??

[Cyn_x0]

I am a little confused about FMLA and something my job is doing that seems unfair and I've been trying to look the info up online with no luck.

So Human Resources told me last week under FMLA I am entitled to 12 weeks=84 days of leave due to the baby. But if for any reason I am sick and call off they would use a day and minus the total then at delivery whatever was left was what i could take. Ok sounds ok up to here.

So my schedule work week is Saturday-Friday- This past Friday 3/12 I was OFF.

3/10 late at night I noticed some bleeding and went to the ER they gave me a doctors note to excuse me from work for 3/11 and able to return to work on 3/12 (but it is myday off)

Called me doctor and she said it is best to stay home and off my feet due to my ultrasound results. Originally she said for me to be off 3/11 and 3/12 but I told her these days were already covered since I had the ER note for the 11th and the 12th was my day off. She then said ok 3/13, 3/14,3/15 off. (spoke to my job and they said they new schedule was out and 3/13 I was scheduled as off) So this means now 3/12 and 3/13 I was scheduled off at work.

I took the notes to my job today since it was my first day back and they said eventhough I have a doctors note they were still going to take it out of my FMLA? Does this seem right? If thats the case then why even go out of my way to get the doctor note? Not only that but then they say they are going to take 5 days from me! 3/11-3/15 eventhough 2 of those days were scheduled days off for me.

From what I was told before FMLA covers you and you DON"T need a doctors note. So i don't understand why my job was hounding me to get a doctors note if they are going to take my days away anyways. And fine if they are isnt is unfair or not seem right that they would take 5? I would think 3 they would take because really only 3 days I missed of work and the other 2 were my scheduled days off.

Ahhhhhhhhhhhhh I'm annoyed and they made me so angry that I jsut wanna say F you and BYE!!

Anyone know anything about FMLA??

[sprarah]

Also I am a nurse and I write doctors notes all the time. If I ever were to put the reason I was excusing a patient from work/school would lose my job, possibly my lisence, and could be sued. This law is to to make it less likely employees will be discriminated against for their health conditions or even pregnancy. If you do not tell them it is pregnancy related they cannot assume it is. If they do it is discrimination. You should call ACLU they will tell you all your rights. Thats their job.

[sprarah]

I did do a little of research on this. One thing I do know is legally they are not entitled to know why you were off work and your dostor should not have put the reason on your doctors not. It is a HIPPA violation. So therefor they cannot prove it is pregnancy related and cannot take it off your FMLA. If your disability paperwork says you could start your leave in march then this may be part of the problem. You should see if you can fill out new paper work with a date closer to when your due. Also the best place to go for information in ACLU American Livil Liberties Untion. They will give you the info you needs. Just google it and their website will come up. Like I said you DO NOT have to tell them why you are off work......It even states in the FMLA that you do not have to give them the medical reason (even to file for disability) and therefor they cannot prove it is pregnancy related and cannot take it off your FMLA.

[spade22]

Well I would try going back to HR w/ the revised schedule and see what they say about it because it isnt fair what they are trying to do.  When I mentioned it would be hard for you to prove you had scheduled days off, what I meant was even though you have a printed schedule how can you prove that was the most recent copy?  That could be hard if they want to be pig-headed about it.  Im not saying that it would ever come to that but it certainly sounds like they are trying to squeeze as much FMLA from you as they can.  Again, see if there is an employee handbook that spells out some of the rules.

[Cyn_x0]

Thanks everyone- Its all so complicating.

spade- actually I have a schedule that is printed out with me at home that I keep every week for my own records and it shows the 3/12 as my day off. I was scheduled to return to work that day but it was a day off.  I think the 3/13 I wont be able to fight cause they will easily say they only scheduled me off due to the dr. Also I only got the drs note because my supervisor called me and told me I needed a drs note to be able to come back to work.

[spade22]

Something else I just thought of.

You had a note excusing you on 3/11, missed work on 3/12, then had a doctors note excusing you from working  3/13-3/15.  Essentially, that is 5 days that you were not able to work.  It might be difficult for you to prove that you had a few scheduled days off in that period and it will certainly be easier for your employer to show that you were unable to work during that time frame and they may claim they had you scheduled to work from 3/11-3/15 because they want you to use up your FMLA days faster.

Do you have an employee handbook that discusses company polices that you can look at?  That might help.

[rebekah385]

Definitly study up on FMLA I went on it with my last baby and they were not alloed to use FMLA for my regular sick days (days I was actually sick) if i had to be on bedrst for the baby or be out for an extended amount of time for the babythen they could count that as FMLA days, but not actual sick days those should still fall under your regular sick days not FMLA. as far as the days you missed with the note I am not sure, but i think they can only count the days that you were supposed to be at work. do you have a union were you work? they might be able to help you figure some of it out! also usually you have to write when you would like to take your FMLA leave not your employer and you don't have to turn it in that far in advance (you might want to to be nice) but according to the paper work since you don;t actually know exactly when the baby will come or if there will be any complications when ever you turn it in is fine even a few days aftre the fact I believe. reasearch it and don't let them push you around it is disriminatory for them to treat you different just because you are pregnant! Good luck!

[spade22]

Different companies tend to have different "rules" about how you use FMLA.

FMLA allows eligible employees to take 12 weeks unpaid leave off in a 1 year period for family and medical reasons - you can not lose your job because of the leave you take off.

At the company I work at, I was able to simply use my regular PTO (sick leave and holiday leave all lumped into 1) to cover a good number of days I had to take off when I had pregnancy complications and was able to choose the start date of my FMLA which was 2 days before I was induced.  However, I suspect different companies have different polices regarding this and can require you to start using your FMLA earlier - work taken off due to pregnancy complications CAN be counted toward FMLA  and it sounds like that is one of your company polices.

Having a doctors note actually provides formal proof that you were not fit to work on those days as you had "pregnancy complications" so your employer can certainly take  those days from your FMLA since that is their policy - in this case, the note backfired.  

I agree with you.  It doesnt sound right that you are being told you have to take FMLA days on your days off - I would talk to HR about that and show them the schedules and explain you only took 3 days off.  Here is an exert from the DOL website that you may find interesting:


"The FMLA permits employees to take leave on an intermittent basis or to work a reduced schedule under certain circumstances. CFR Section 203)

    * Intermittent/reduced schedule leave may be taken when medically necessary to care for a seriously ill family member, or because of the employee's serious health condition.
    * Intermittent/reduced schedule leave may be taken to care for a newborn or newly placed adopted or foster care child only with the employer's approval.

Only the amount of leave actually taken while on intermittent/reduced schedule leave may be charged as FMLA leave. Employees may not be required to take more FMLA leave than necessary to address the circumstances that cause the need for leave. Employers may account for FMLA leave in the shortest period of time that their payroll systems use, provided it is one hour or less. (See CFR Section 825-205)

Employees needing intermittent/reduced schedule leave for foreseeable medical treatment must work with their employers to schedule the leave so as not to unduly disrupt the employer's operations, subject to the approval of the employee's health care provider. In such cases, the employer may transfer the employee temporarily to an alternative job with equivalent pay and benefits that accommodates recurring periods of leave better than the employee's regular job."

[Cyn_x0]

Yes I have been at my job over a year now- They gave me paperwork for my doctor to fill out and they dates they put were I think March something-May. When I asked why they did they they said because its 84 days and because you didnt have the baby yet. But they needed the paperwork incase I wanted time off. My doctor filled it out and I did sign it also but my doctor wrote my due date on there OCTOBER 17th. I don't know what to think but I have a doctor appointment tomorrow and I will ask her if she knows anything or suggest something.

[katsmommy]

girl they did this to me a couple of weeks ago dont fall for it have you been at your job a year if not you dont qulify and they will send you a paper saying your doctor has to sign it stating they put you out of work for a disability and if he dont you will be terminated trust me my job did the same thing to me because i was having a m/c and i did not even ask to be off work they just said it would save my job for me in th elong run i am left looking for another job