? on FMLA how specific need you be with a serious condition?!
Question:
? on FMLA how specific need you be with a serious condition?
I am experiencing the late effects of polo - post polio syndrome - and find that I cannot work an entire day. I've been trying to keep up the pace for over a year now and the quality of my life is suffering. When I get home from work I am exhausted and can only sit. Cannot stand for more than 2-3 minutes at a time.
I've been working for the same employer since 1999 and do have benefits...just not sure how to use them.
I'd appreciate any advice anyone may have on getting FMLA
Answers:
Well, you have to give the employer enough information to know that FMLA "should" apply. That's kind of the trade off for having the FMLA benefits available - you have to be willing to disclose your need for them. If you don't, your employer can refuse to grant the leave.
If I were you, I'd look at going on intermittent leave - you would have up to 12 weeks of unpaid, job-protected leave to use for your own serious health condition. Your employer has to grant it in the smallest increment that they track, so if you keep track of the time you work by the minute, they have to grant time off in minutes, up to the 12-week mark.
They will also have some paperwork they'll want your doctor to complete attesting to the need for FMLA leave. If they disagree with your doctor's recommendations, they can have you see a doctor of their choosing for a second opinion. If that doctor's opinion differs from yours, they can have you get a third opinion, but you both have to agree on that doctor, and the visit is on their dime.
I suggest going to the US Department of Labor's website to read up on the FMLA: http://www.dol.gov/dol/allcfr/esa/title_... You can also call the US DOL, toll-free, at 1-866-4US-WAGE to ask any specific questions you might have.
If your condition turns out to be more than can be alleviated with just FMLA, you're probably going to have to look at a short term disability - and every state is a little different in how they apply that. So, be sure to check with your local labor board, too - usually in the government pages of your local phone book.
Hope this helps. Good luck!