This is the number for the Department of Labor, which can help you sort out these questions:

1-866-4-USA-DOL (1-866-487-2365)

It sounds like some overlap is going on and someone trained in the FMLA specifics would probably be the best person to talk to. He or she can also guide you if you need a lawyer.

I hope this helps and I wish you luck.

Sincerely,

Jen

However since I have been off work my employer has implemented FMLA as we have now exceeded > 50 employees at one office location. The policy was put out approximately 6 weeks into my time off but I have received a letter telling me my FMLA is coming to a close at the end of my 12 weeks of total time off work.

It is a policy I have not seen but was informed by the HR Director that it was being worked on and then suddenly this letter. I did call the HR Director who told me if I did not return my job was not guaranteed beyond that date and then telling all the reasons why they may just close the position altogether. As you might imagine I contacted my MD and begged for a release back to work to save my job of which he has done but I am still in pain and wondering if I can do this. Can my employer legally do this?

I have been so knocked down by sporadic employment in the last 5 years that it is getting harder (mentally and emotionally) to pick myself up and try again. I have a modest disability check now coming in, and so my immediate goals are to find my level of physical ability, on a voluntary basis, and pay my good fortune forward, which would include helping more with my local MS society. Paid part-time employment might again be in my future, but I have to rebuild slowly. We’ll see.

Wonderful advice and information. Anne, I’ve heard your story before, but you should share more of it on your blog now that the case is over (which I was sorry to hear). Jen, I think you hit a popular topic that only those ‘in the know’ have an actual clue about.

Lisa

Thank you so much for your input about the FMLA. It’s good to see cases of full-time employees who were able to use it to stay in the workforce.

My personal situation has been exasperating. I last worked full-time as an ultrasound tech (in 2003.) I can no longer do this type of work, due to its physical demands and lack of definite breaks. So I have tried to work part-time at a couple of local libraries in the past 5 years. I haven’t worked more than 20 hours a week, so that is the first strike against building up FMLA hours. The first library I worked at was a small township library that employed less than 50 employees (strike 2.) My third problem is that I can pretty much blow through 3 months of leave with one relapse. So if I was able to pull it all together and work 24 hs/ week for a year or more at a larger employer, I still might run out of sick, vacation, and FMLA time. So I am able to work what I think would be 10 – 15 hours a week, but I have yet to cross the threshold that would allow me FMLA time. The first library director was just so nice that she gave me time off anyway.

UGGGGHHHHHHH….Just had to explain and rant!

Thank you for your comments. I believe they’ll be very helpful to people who happen upon this page.

Jen

I’m laughing like a hyena(?) right now, because of the length, not the content! I haven’t even tackled this comment yet, but I’m trying to plan ways to tighten the homepage, so I came on, and lo and behold—this longass response! I’m going to get a spicey bean and rice burrito from Taco Bell (for strength) and then I’ll respond. In any case, thank you for your patronage. Be back shortly!

Intermittent FMLA allows an employee to take leave in shorter increments such as a few hours each day or week. For example, an injured employee could work half days using intermittent FMLA.

I usually worked more than 40 a week until fatigue became a constant companion. “Intermittent FMLA” allowed me to take sick leave/vacation in hourly increments. I used to take a few hours of sick leave to go home and take a nap without being in danger of losing my job or being reprimanded. If it was a really bad day, I was able to leave early and charge my time against FMLA. I was given an allowance of 480 FMLA leave hours a year, and this benefit allowed me to continue to work for three years (at less than 40 a week) until the fatigue just got too bad and I went on full disability.

My doctor had to complete paperwork stating that I had a legitimate problem (fatigue in my case) and had to be renewed each year.

But as you said, the technicality is putting in the 1250 required hours yearly to even qualify. If one doesn’t qualify, then sick time, vacation time and unscheduled time off is the alternative, but one risks termination.

I have pushed the ADA workplace accommodations and the FMLA to the limit here in Pennsylvania and my company still won out because I ended up dropping my case against my company. I learned that there are more loopholes in favor of a company than there are for an individual.

It is so important to document,document,document -on paper, on tape recordings (with permission only) and with witnesses. Dated and signed statements hold a lot of water in a court or hearing master office.

So the best advice one could get if they want to invoke the FMLA and ADA in the workplace is to:

1) document

2) make sure YOU are in the “right” and following all the rules. Get a printed copy of your RIGHTS and provide a copy to every supervisor who challenges you.

3) get signed dated statements from witnesses

4) follow every phone call up with a “Memo to document a phone call” dated and signed by you, and send it (hand it) to the caller, supervisor, company person you spoke to

5) try to make ADA rules and regs work in your favor by killing yourself to get to work every day, asking ONLY for the ADA’s you actually need (don’t abuse the system)

6) Use the accommodations you say that you need so your employer can’t come back at you to say you are abusing the ADA laws.

7) Get doctor’s notes for EVERYTHING!!

Remember that they are your employer and not your friend.

9) Never accept overtime – it will shoot you in the foot and call your ADA’s into question. If it is mandatory – make it one of your ADA’s so you are exempt

10) At the first sign of refusal, schedule meetings to discuss your situation. You must give it at least three tries so you don’t look indifferent. If they still refuse, start looking around for a lawyer. If you are in a union, “legal benefits” may be one of your contract benefits. However, know that your company pays for these benefits and they can (and did to me) say that the lawyer is employed by them because they pay him and therefore, you must get your own lawyer.

11) If you ever get past due process and actually get to a courtroom, by hook or crook, make sure you show up every time – even if your company does not show. Looks better for you.

OMG, this is a freaking blog post disguised as a comment!!

Sorry, but as you can see, this is a pet peeve with me and I was not a happy employee when it was all said and done.

Anne
http://disablednotdead-anne.blogspot.com