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320078 tn?1278344720

FMLA and Disability



I was wondering,  I have been treating since jan 24, (week 26) I  have used all of sick, leave and personal time.  My immediate supervisor said something about me loosing my health insurance, or having to pay towards because i am not working enough hours.

after reading the information on FMLA, i am thinking this would help me.
1.  keep my insurance the same
2.  protect my position when i have call out.

is that correct?

If i had to go out on full disability, what happens then as far as insurance and salary.

Peace

rita
9 Responses
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Avatar universal
Hey Rita
     Everything above sounds correct. I work for a large health care company. I started tx dec 2 2007. And I was out for about a month before. So April 1st I got the boot. What that really means is they aren't going to contribute to my insurance anymore and if I want to continue I would have to pay the whole amt myself. A little over $1,000/month.
I was pissed, been there 13 years. But what can you do. I work in a very sensitive area
of health care and there was just no way I could do that while tx. I could barely add and substract. See I still can't spell.
     Red
Helpful - 0
320078 tn?1278344720
Thanks for all the help.  I have faxed over the forms to my doctor, he said he'd put whatever i wanted on the form, as far as what my illness is.

I am waiting to hear from HR.  From what my union leaders has told me, is that :

Our current contract does not have short term disability.  and under FMLA they would cover all of health insurance, and i would be able to take time off for dr, appts, tests, or sick. without pay, but also with being penalized.

thanks for everyone help!

peace
rita
Helpful - 0
Avatar universal
I'm in that boat myself...My FMLA time is up and I'm now paying the full amount of my health insurance on 67% of my normal income...(Comes to $1100/mo without vision and dental). That's an entire paycheck...I got this cr*p from a dirty needle stick at work, and am now making those decisions of...Food VS family health insurance...I hadn't anticipated being away from work the entire time of txing, and now I'm too anemic to pick up 300lb people multiple times a day, not to mention ward off MRSA or anything else that gets coughed on me. The husband is self employed and uses my insurance...good luck in sorting this out for yourself...I'm just going month to month right now...Txing is done in 6 weeks...
Helpful - 0
Avatar universal
Me keep you on your toes!!!  That will never happen. The reason I knew about it was because my employer does business (in name) through a very large corporation but the business is independently owned.  So the benefits are nothing like those that are currently corporately owned.  We don't have the minimum number of employees required and I was promptly told it did not apply when I casually asked.  I know they suspect something is wrong with me, I look like an alien some days and just haven't been my usual chipper self but by goodness they let me know real fast I wasn't going anywhere.  I think it's kinda funny and I haven't a clue why.  
Trin
Helpful - 0
446474 tn?1446347682
Trin, yes you are correct...(keeping me on my toes?)

The Family & Medical Leave Act (FMLA) applies to your company if you employ over 50 employees within 75 miles of the worksite, and at least 50 of your employees work 20 or more work-weeks in the current or preceding calendar year. If your company is a public agency, you are subject to provide FMLA regardless of the number of employees employed. All schools, private or public, are considered public agencies.

Cheers!
Hector
Helpful - 0
Avatar universal
To receive FMLA, doesn't your company have to have a certain number of employees (50?) to qualify?
Helpful - 0
446474 tn?1446347682
I used FMLA a few months ago and live in California.
I could take time off any time I needed it, up to 12 weeks of time. A few hours here for doctor visit, a half a day for tests, and 1 or 2 days a week off after my injection when I was too ill to work.
At my work it was unpaid time off.

State disabilty I don't have experience with but I know it lasts at least a year and you receive disability payments.
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An “eligible” employee allowed leave under the FMLA is an employee that has been employed with your company for at least 1,250 hours during a 12 month period prior to the start of the leave. The 12 months do not need to be consecutive months. The burden is on the employer to show records that the employee has not worked the required 1,250 hours. If the employer cannot show record of work hours, the employee is eligible to use FMLA. (Full-time teachers are eligible for FMLA even though they might not work 1,250 hours in a year.)

An employer must give an employee requesting FMLA written notice, within two business days, if they are not eligible for FMLA. If the employer does not respond within two business days, the employee will be eligible to take the leave.

The eligible employee is allowed to take 12 weeks of unpaid leave, unless they have paid sick leave, in any 12 month period. The employee's leave can be taken on an intermittent basis; for example, an employee may drop to part-time status until the equivalent of 12 weeks has been obtained. During the 12 weeks of leave the employer must continue the employee’s benefits the same as they would if they were not on leave. The employee needs to pay his portion of his benefits the same as if he/she were not on leave. After the 12 weeks have been used, the employee must return to their same position or equivalent position, similar benefits and working conditions, and same pay.

Every employer covered by FMLA must post and keep posted a notice outlining the Act’s provisions. The posting must be in a conspicuous place whether or not the employer has any current eligible employees.
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Talk to your HR department and get the form and then have your doctor fill it out.
I would generally advice you not to tell your employer what your medical condition is and have your doctor write a note stating that you need time to do what your doctor's are recommending.



Hector
Helpful - 0
201379 tn?1319991331
The situation with how much you get paid during your disability and whether you get your health insurance paid will probably depend on your employers disability insurance policy and the arrangement with the medical insurance company.  You may have to pay your own medical premiums.  You have to talk to your HR department to figure this out as it will probably vary from company to company.

If you live in California, you have 16 weeks job protection under FMLA.

"Mom"
Helpful - 0
Avatar universal
Family medical leave act was initiated to help those with their own serious medical illness or that of a family member. First off, you must have worked consecutive 1250hrs in a 12 mo. rolling period. If you had worked those hrs, you'd be eligible for FMLA providing your Dr would fill out the papers on your behalf. If you have used all your paid sick time, then I would ask for FMLA forms to take to my doctor, assuming you have the necessary hrs worked to be covered. I believe (its been 6 yrs since I used it) that you get up to 3mo, 12wks of paid or unpaid leave, depdending on if you used paid leave already, or depending on how your company works as far as paid leaves go.

Visit the gov't website in your state, you should be able to view FMLA laws.

Blessings.
Peachy
Helpful - 0
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