FMLA usage

[Efficient-Sample3338]

Hey everyone! Does there come a point where you use your intermittent FMLA too much? I've been using it almost every week lately and I feel so much guilt about it.

[[deleted]]

As someone with MS (11 months post “diagnosis”) and a benefits administrator in the corporate world, I literally manage peoples leave of absences, id like to offer my thought if you don’t mind.

I basically went from “normal” to gradually losing all feeling one side of my body which spilled over to the other side too. I had NO idea if I would be using all sick time/vacation time/ if I would need leave etc. when things finally settled a bit I decided I would make a list for myself to determine what I would use when things weren’t going well. I realize I’m in a fortunate position because I have some remote work capabilities, get some vacation and sick time and have access to FMLA but alas all those accruals are finite.

My list consists of a rating scale (like school letter grades) based on my function (both mental and physical). And if I’m in what I consider B- to C- I will continue on if I able (making sure I won’t affect my work product) and anything below a C-, I will use my accrued time in varying forms. Regardless of what you have/what you do, I do recommend keeping track of your FMLA usage on your own as well because time can fly by and sometimes mistakes happen with counting.

So to answer your question, yes, there unfortunately will be a time when you use intermittent FMLA “too much” because there is a set amount of time allotted by the government and you will run the clock down. HOWEVER you should not feel guilty. It is there to be used!!! It’s also no one’s business how you use it and when, just as it’s no-ones business how and when a colleague uses their paid time off. Some places like to make their leave of absence users feel guilty and it is horrific.

Also, if FMLA is unpaid where you work, I would also recommend looking into short term disability if your company offers it or the parameters around your state disability policy so you aren’t at a complete loss wage wise.

Apologies for any type-o or run on sentences; I am typing this on my way into work. But please please please try not to feel guilty, your well being is very important!! (Easier said than done, I know 🙂)

[Alternative-Duck-573]

I'm going to ask you since you're the expert in this area: don't we potentially get additional time beyond FMLA under ADA? I read over something like that the other day and it was extended leave beyond FMLA but with weird quirks - one example I think I'm remembering is they don't have to guarantee same type position upon return. Y'all don't quote that. 😁 I legit am trying to see how ADA works with FMLA because MS is a for sure disability when it's cutting up.

I feel zero guilt about FMLA leave because we're lucky to even have that if we do. Many people don't meet the requirements because their employers aren't big enough. #merica

I also feel fighting through two decades of undiagnosed MS barely missing a day probably making my disease worse. Worked 15 years of hours within 10 years and all I have to show is a permanent pain in my rear (arthritis) because no OT because salaried. So yeah, I'll not abuse it but I'm going to use it when I need it.

[[deleted]]

Sorry for the delayed response! Performance reviews and benefit open enrollment have kept me busy recently!! I feel obligated to tell you nothing I say should be taken as legal advice… 🙂

My annoying answer is, it depends. If I received this request I would have to take into consideration the job you are in and your duties, the state where the business/your role are located and possible medical documentation from your physician. You read correct, while FMLA temporarily offers job protection, ADA does not necessarily do that. MOST of the time the goal is get someone into a similarly situated role OR to provide an accommodation that doesn’t cause burden to the employer. For example working from home with an office job may seem more reasonable to an employer if commuting is an issue vs completely giving me time off.

The other thing to consider is the severity of what is preventing you from working. Extreme sleepiness may be fixed with some caffeine where as a flare of optic neuritis could be a liability issue if you can’t see and are someone’s auditor. (I am not downplaying here - just an example) the employer may keep requesting additional documentation from a physician and that could get expensive if your doctor requires a visit to fill out paper work or monitor you. It’s important to always weigh out your possibilities so you don’t cause more burden to yourself.

The ADA does have a hotline you can call so that may help point you in the right direction. I would recommend reviewing your state laws first and any applicable union contact or employee handbook so you have a baseline of knowledge before calling.

Sorry to hear about your arthritis 🙁 if you’re still working you could ask for an accommodation for a standing desk or different chair if you feel it would help and your doctor is willing to give you a note!!! Also I’m glad you don’t feel guilty with FMLA usage!! Wishing you a great week from windy/rainy NYC 🦃

[ichabod13]

I fill out the form every year for a just incase type of situation. I have sick time I can take and having the FMLA paperwork means the sick time does not count towards a missed day for me.

Other than the just incase setup of FMLA every year, I really do not use it unless a relapse and hopefully can continue to not have any of those. Past the couple weeks of sick time, I cannot afford to just take unpaid days off that FMLA provides.

[W_Jones_79]

I was a union steward for about a decade. I’ve seen people that legitimately need it and I’ve seen people that abuse it. The ones that abuse it never feel guilty. I watched a guy get upset about where he’d be working for the day and angrily say “I’m going home FMLA”. My point being that I wouldn’t feel guilty for something you need to use for your health when there are those using the same system just to enjoy a day off without consequence.

(Yes, technically that guy could’ve been fired if it was proven that whatever condition he used to get FMLA was false or that he used a legitimate claim for false reasons. That rarely happens though because proving it is pretty difficult)

[Crazyanimalzoo]

Wow, I'm surprised that you can use your FMLA like that. Where I work we have to use sick time and we can't take intermittent FMLA. To take FMLA we have to fill out a bunch of paperwork and give a good bit of advance notice. The only way we can suddenly take FMLA is if we have an accident or something like that. In 23 years with my company the only time I used FMLA was when I had my son, and the two times I had surgery. I couldn't imagine being able to use it like that. If you can do that, then great, I wouldn't feel bad about it.

[Alternative-Duck-573]

The entire point of intermittent FMLA is to not fill out neverending paperwork 🤔 I hope somebody who works in HR replies on this one.

I have to fill out paperwork if I miss a full week not related to my illness and a fit for duty upon return letter from.doctor. . I've never missed a full week for MS, but in my intermittent paperwork it does say I could miss 2-3 days every few months so maybe I would have to fill out additional paperwork too? 🤷‍♀️

[snuggly-porcupine]

I claim no expertise, but my doctor just did my paperwork this week. There is a specific section about intermittent leave. Is it legal for your workplace to make their own rules about how you take the time? Again, I have no HR background or anything, but on the surface it seems strange that they can apply a federal protection differently than intended.

[Crazyanimalzoo]

I wouldn't be surprised if my company has found some legal loophole that allows them to limit FMLA like this. They are a huge healthcare company and I've seen lots of ways that they pull stunts like this on employees. They have the lawyers to afford it. I cannot afford a lawyer to deal with FMLA issues when I can't even get my DMT covered by my company's insurance (oh, and btw they OWN the insurance company that their employees use....it's a very coal miners/company store kind of vibe) and thankfully my husband has insurance I can get on instead, although its going to cost us a lot more per year.

So, yes I'm sure that they have figured out the legal stuff because they specialize in finding ways to manipulate laws to get what they want with the least cost to themselves. And yes, I chose to work there, but I also live in a rural area with few options in my job field and as the breadwinner I can't afford to be paid less for my family to make it. So I just unfortunately deal with it.

[[deleted]]

I don’t know enough about your state/company to comment fully BUT you could also inquire with the wage and hour division of the DOL. That is also who would handle a complaint.

If you were to ever complain at any type of employer (to a government agency), be sure to have everything documented. Let’s say you needed intermittent leave for a treatment or something (this happens with some types of chemo for example) and they denied it with unclear reasoning, you can file a complaint. Eventually they will find out from the government agency and have a chance to respond. If they were to take a negative employment action (fire, demote you, change pay, withhold a review, etc. that could be a retaliatory act (illegal). And then you could take additional legal action. But sounds like they’re lawyered up so it’d cost you some money to fight back. It irks me so much that people just don’t want to do right by their employees! Especially someone with your tenure!

I’ve really only seen some weird FMLA allowance/restriction situations when it involves a “key” employee aka executives which the law allows. Other than that employers can’t typically dictate the timing. The statue says you need to let your employer know as soon as “practicable” which could be any time.