sign up    Input
Authorisation
» » Can someone educate me about FMLA please?
experience

Can someone educate me about FMLA please?

Rating:
(votes: 0)


Hi again, all. I have a question that I never thought I'd have to ask.

I am currently 8 months' gestation with my first child, and had a scary time last night. Contractions at work, dizziness, 2+ pitting edema to my legs, headache, etc. I received 3 doses of terbutaline in hospital, but I am still having intermittent ctx. The doctor took me off work for a week and told me to cut my hours. She's worried about pre-eclampsia.

Work has been great about this, the boss that originally gave me such a hard time has done a complete one-eighty. They've adjusted my schedule to 2 days a week, 3 if I feel froggy, and after last night, everyone's going to be watching me like a hawk.

My question, can I and how do I file FMLA if I am unable to do even 2 days per week? Is there a form that I have to get from work? Does my OB fill it out? How long will it allow you to be off? I'd ask there, but they're nervous enough about my water breaking in the middle of a shift without me adding to it right now. I feel just terrible about leaving them in the lurch, but I've had my meltdown (all over DH's new shirt) and have come to the realization that I'm going to have to relax more if I don't want a 32-weeker to fret over.

Thanks in advance, and sorry if it's a dumb question. I've just never had to deal with it before and have no clue how to proceed.
Do you have an HR person where you work? They should be experienced in dealing with the paperwork and regulations for FMLA.More important - take care of your self and baby-to-be! Work will survive.

Comment:
I do...she's liable to flip on me, lol. I won't say anything until I can see it's going to be necessary. She doesn't need the ulcer. I'm having a really hard time not being able to take care of everything myself.I am taking as much care as I can. I'm propped on the couch, with instructions not to lift anything heavier than my supper and my crochet. All will be well. Thanks for replying!

Comment:
Talk with HR. There is paperwork that needs to be filled out. The sooner you start getting it filled out the better. No sense in waiting until the last second. If you plan on filing for disability, there is going to be sections that need to be filled out by your empolyer as well. Your HR person shouldn't flip out, it's part of their job. Take care of yourself and relax. There is no job worth jeopardizing your health or the health of your baby.Here is a link for some more info on FMLAhttp://www.dol.gov/whd/regs/compliance/whdfs28.pdf

Comment:
Isn't this a new job? If so, you don't qualify for FMLA anyway. You need to be there at least 12 months to qualify. There is also an exemption for small employers.

Comment:
Thank you! No, no plans for disability. I should be back to my ornery self after I deliver. Just trying to stave it off as long as I can. If things are not improved over the weekend, I'll tell her to get started. If she flips, well, here's hoping she sticks the landing.Thank you for the link. Back to timing these stinkers. Appreciate y'all.

Comment:
Quote from dudette10Isn't this a new job? If so, you don't qualify for FMLA anyway. You need to be there at least 12 months to qualify. There is also an exemption for small employers.

Comment:
I hope you are feeling better.....you need to take care of your baby first.Compliance Assistance By Law - The Family and Medical Leave Act (FMLA)The Family and Medical Leave Act (FMLA) provides an entitlement of up to 12 weeks of job-protected, unpaid leave during any 12-month period to eligible, covered employees for the following reasons: 1) birth and care of the eligible employee's child, or placement for adoption or foster care of a child with the employee; 2) care of an immediate family member (spouse, child, parent) who has a serious health condition; or 3) care of the employee's own serious health condition. It also requires that employee's group health benefits be maintained during the leave. The FMLA is administered by the Employment Standards Administration's Wage and Hour Division within the U.S. Department of Labor.To qualify for the FMLA mandate, a worker must be employed by a business with 50 or more employees within a 75-mile radius of his or her worksite, or a public agency, including schools and state, local, and federal employers (the 50-employee threshold does not apply to public agency employees and local educational agencies). He or she must also have worked for that employer for at least 12 months (not necessarily consecutive) and 1,250 hours within the last 12 months.The FMLA mandates unpaid, job-protected leave for up to 12 weeks a year:to care for a new child, whether for the birth of a son or daughter, or for the adoption or placement of a child in foster care;to care for a seriously ill family member (spouse, son, daughter, or parent);to recover from a worker’s own serious illness;to care for an injured service member in the family; orto address qualifying exigencies arising out of a family member’s deployment.The FMLA further requires employers to provide for eligible workers:The same group health insurance benefits, including employer contributions to premiums, that would exist if the employee were not on leave.Restoration to the same position upon return to work. If the same position is unavailable, the employer must provide the worker with a position that is substantially equal in pay, benefits, and responsibility.Protection of employee benefits while on leave. An employee is entitled to reinstatement of all benefits to which the employee was entitled before going on leave.Protection of the employee to not have their rights under the Act interfered with or denied by an employer.Protection of the employee from retaliation by an employer for exercising rights under the Act.Non-eligible workers and types of leaveThe federal FMLA does not apply to:workers in businesses with fewer than 50 employees (this threshold does not apply to public agency employers and local educational agencies);part-time workers who have worked fewer than 1,250 hours within the 12 months preceding the leave and a paid vacation;workers who need time off to care for seriously ill elderly relatives (other than parents) or pets;workers who need time off to recover from short-term or common illness like a cold, or to care for a family member with a short-term illness; andworkers who need time off for routine medical care, such as check-upsSeveral states have passed FMLA-type statutes to give parents unpaid leave to attend their child’s school or educational activities. Examples include: California,District of Columbia,Massachusetts,Minnesota, Rhode Island,Vermont. Some states have passed FMLA-type statutes to give workers unpaid leave to take family members to routine medical visits, including Massachusetts and Vermont.And states have passed FMLA-type statutes to give workers unpaid leave to address the effects of domestic violence, stalking, or sexual assault. Examples include Colorado, Florida, Hawaii, and Illinois.Family and Medical Leave Act of 1993 - Wikipedia, the free encyclopedia

Comment:
I have nothing to add on the FMLA stuff, just {{{hugs}}} for you and your baby! Take care of yourself, went through this with my youngest, was stabilized, and then the bugger waited all the way until his due date to come out Prayers for you and your family!

Comment:
Quote from AngelfireRNThank you! No, no plans for disability. I should be back to my ornery self after I deliver. Just trying to stave it off as long as I can. If things are not improved over the weekend, I'll tell her to get started. If she flips, well, here's hoping she sticks the landing.Thank you for the link. Back to timing these stinkers. Appreciate y'all.

Comment:
Contact HR or Employee Health Service. They should have forms for your physician to complete, indicating your condition, your limitations, and how long you need off from work.Take care.

Comment:
Go to The U.S. Department of Labor Home Page and type in FMLA.

Comment:
As a former nurse manager and now an employer in a different field, may I offer some suggestions regarding FMLA, especially as it applies to pregnancy, where the need for leave is known well in advance?1. Please check with your HR department as far in advance as possible regarding your institution's policy. Federal law requires the equivalent of 12 weeks unpaid leave per calendar year for eligible employees. This is the minimum requirement. Believe it or not, there are employers who offer more generous FMLA time than federal law requires. Some offer FMLA to all employees, regardless of their seniority or number of hours worked. Some offer more than 12 weeks to qualified individuals. So to simply assume that you must have been employed for a minimum of 1 year and accred more than 1000 hours to qualify may not be accurate.2. Leaves that CAN be planned in advance MUST be planned in advance. While preterm labor is not predictible, a pregnancy with a due date is. Please don't wait until the last minute to obtain forms from HR. Have them filled out by your provider well IN ADVANCE of your expected last day of work. Your employer may contest a portion of your leave if you do not make a good faith effort to plan in advance, when possible.3. Familiarize yourself with the law and your employer's policy. Do you know that you are REQUIRED to notify your employer 2 weeks in advance of your intent to return to work? This is only fair, so that your employer can adjust staffing accordingly. But few employees are aware of this requirement. If you fail to notify in a timely manner, you may be delayed in returning to work, and your wages may suffer.4. Know your financial obligations. Your employer must continue to offer you group benefits during your leave, but you are still responsible for your portion of the premium, even if you are not receiving a pay check. Failure to pay your portion of the benefit cost may result in your loss of benefits, something no one can afford during an illness or pregnancy leave. Also, if you choose not to return to work at the conclusion of your FMLA, you may be responsible for re-paying the employer's portion of your premiums. Not all employers bill for this, but they are legally allowed to do so. If you don't plan to return to work (this usually comes up after a maternity leave), you may want to consider whether it is worthwhile to carry your employer's insurance during your leave, especially if you are covered by a spouse's plan as well.
Author: jone  3-06-2015, 18:02   Views: 857   
You are unregistered.
We strongly recommend you to register and login.