|
|
FMLA help
Oct 20, 2016 22:08:58 GMT
via mobile
Post by anneinwa on Oct 20, 2016 22:08:58 GMT
Due to my dad being in the hospital for a month plus rehab now, my sister signed up for FMLA. We are now in a position where he is stable enough that she wants to return to work part time but flexible so she can still take time off as needed. Not knowing where things are going to end up, she wants to make she she has time left later.
She is running into trouble on her form that the doctor signs. HR is giving her a hard time with the wording so I am hoping someone here has enough experience how to word it. They are also having share time helping her word it. His current doctor at rehab says there will be a few to fill it out, and his normal Doctor is a 30 min one way trip so she's hoping to figure something out song she doesn't have to adjust it each week
What she wants is the ability to work with the option of 1-2 days off per week if needed and the time being anywhere from 1-8 hrs per time off during that time. It might need to be consecutive days, separate days, or no days at all some weeks.
Any help?
|
|
pridemom
Pearl Clutcher
Posts: 2,843 
|
Post by pridemom on Oct 20, 2016 22:12:47 GMT
It's called intermittent FMLA, so I wonder what the problem is. It's pretty common.
|
|
Deleted
Posts: 0
May 8, 2024 19:44:14 GMT
|
Post by Deleted on Oct 20, 2016 22:21:24 GMT
It is intermittent FMLA, for caretaker. The rule reads the person can work a reduced schedule, without it counting against you. I did it when my parents where sick. The job can not give you a hard time about it.
|
|
|
|
Post by littlemama on Oct 20, 2016 22:22:14 GMT
It shouldn't be a problem. FMLA can be taken intermittently. What is HR looking for? They aren't going to get a set schedule out of it.
|
|
|
|
Post by kimpossible on Oct 20, 2016 22:38:56 GMT
Yes, they are correct - it is intermittent FMLA.
Some employers get a bit "snotty" about the vagueness that sometimes comes through from the doctors. Most doctors are vague because they cannot foresee the future and what all might be required.
The doctor should put something to the effect, "may need to be available to assist patient 2-3 times per week" or "may need to be available when patient experiences flare-ups" and then there is a space where they can be somewhat specific with the time off needed - 1-2 times per week, 3-5 times per month or 1-2 hours per day.
Most importantly for your sister to know is what the employer's requirements are for notifying them if she is going to be off on FMLA. For example, the employee still has to follow the attendance policies set by the company. So if they require you to call of no later than 30 minutes prior to your start time, she will need to do that. Along with that, employers can request when calling out that she inform them it is for FMLA.
Employers have to strictly track all hours and days off in order to comply with the FMLA guidelines imposed on employers. Therefore, following the attendance, call out or notification process is very important.
This is where employees can get caught up and where some of the less than professional and less compassionate employers terminate them for not following the company's attendance policy.
|
|
|
|
Post by lisacharlotte on Oct 20, 2016 22:54:21 GMT
Intermittent FMLA. I used it for my Chemo/radiation. You have to be clear that the time you are taking is for FMLA because it is deducted from your 12 weeks allowed.
|
|
|
|
FMLA help
Oct 20, 2016 23:04:34 GMT
via mobile
Post by LiLi on Oct 20, 2016 23:04:34 GMT
To the op, I am so sorry you have to deal with this. Last year I had to deal with FMLA for my husband it was a pain to get everything situated.
Just curious, a question to the HR peas. (Sorry for the hijack)
Does someone in a hospital actually "need" a caretaker in the eyes of FMLA law? I thought they were much more strict than that. I was in a car accident where my husband had to take care of me and 100% of my children's needs. (neck injury after care, at home)
They requested specifics from the doctor of how my husband needed to takeover caring for me and my family. A list down to how often he would be driving me to appointments, driving my kids, shopping, etc. I'm surprised FMLA approves leave to care for someone who is in the care of a hospital.
|
|
|
|
Post by kimpossible on Oct 20, 2016 23:15:09 GMT
To the op, I am so sorry you have to deal with this. Last year I had to deal with FMLA for my husband it was a pain to get everything situated. Just curious, a question to the HR peas. (Sorry for the hijack) Does someone in a hospital actually "need" a caretaker in the eyes of FMLA law? I thought they were much more strict than that. I was in a car accident where my husband had to take care of me and 100% of my children's needs. (neck injury after care, at home) They requested specifics from the doctor of how my husband needed to takeover caring for me and my family. A list down to how often he would be driving me to appointments, driving my kids, shopping, etc. I'm surprised FMLA approves leave to care for someone who is in the care of a hospital. LiLi - they usually want it to be for the time they actually need "caretaking"...however, think of it also being used for a husband when his wife has a baby too. All information I've been give suggests that the employer can be a read harda$$ and say "no" to the detailed stuff like that...but, the employee when going through something like that really needs support and not a harda$$ coming after them. I take the road of being a "compassionate" employer and do whats best for the employee - when I feel they are not taken advantage of the system. There are ways to see if someone actually is or not. |
|
|
|
Post by LiLi on Oct 20, 2016 23:24:46 GMT
Thank you for answering my questions  He works for a huge medical company. That's probably why it was much more cold. |
|
|
|
Post by anneinwa on Oct 21, 2016 0:26:28 GMT
Thank you... Going to pass these on to her. The doctor had written something like up to 2-3 days per week off but HR didn't like something about it so she's confused. She's trying to get them to tell her what to have the doctor put down so everyone is happy. Sounds more complicated than it should be. We can't plan ahead what days we will need her because we can't predict how the days will go (dealing with delerium too).
She tried putting 1-8 hrs off up to 2-3 days per week and they didn't like that either.
|
|
smginaz Suzy
Pearl Clutcher
Je suis desole.
Posts: 2,606
Jun 26, 2014 17:27:30 GMT
|
Post by smginaz Suzy on Oct 21, 2016 2:28:33 GMT
FMLA leave for a caretaker can also include providing psychological comfort and reassurance to the family member with a serious health condition. So having inpatient needs met in a hospital setting does not disqualify someone from caretaker leave when it is the comfort of their presence that is the purpose for the leave. This may be where your employer is struggling--that kind of leave should be relatively stable and structured, and predictable, as you are not providing medical oversight or care in the hospital setting. But I am just speculating on that last part.
|
|
|
|
Post by jenis40 on Oct 21, 2016 2:48:39 GMT
FMLA leave for a caretaker can also include providing psychological comfort and reassurance to the family member with a serious health condition. So having inpatient needs met in a hospital setting does not disqualify someone from caretaker leave when it is the comfort of their presence that is the purpose for the leave. This may be where your employer is struggling--that kind of leave should be relatively stable and structured, and predictable, as you are not providing medical oversight or care in the hospital setting. But I am just speculating on that last part. When I had my stem cell transplant the hospital required that I have a caregiver accompany me as much as possible. When you are going through something that serious you need someone to be there during doctor's rounds because the patient may not be coherent enough to understand. Additionally the nurses won't be in your room 24-7 and you require a lot of assistance. Not implying that the caregiver does the nurses and cna's jobs. I was in the hospital over 6 weeks just with the transplant and required intensive assistance when I was able to leave. |
|
smginaz Suzy
Pearl Clutcher
Je suis desole.
Posts: 2,606
Jun 26, 2014 17:27:30 GMT
|
Post by smginaz Suzy on Oct 21, 2016 4:12:15 GMT
FMLA leave for a caretaker can also include providing psychological comfort and reassurance to the family member with a serious health condition. So having inpatient needs met in a hospital setting does not disqualify someone from caretaker leave when it is the comfort of their presence that is the purpose for the leave. This may be where your employer is struggling--that kind of leave should be relatively stable and structured, and predictable, as you are not providing medical oversight or care in the hospital setting. But I am just speculating on that last part. When I had my stem cell transplant the hospital required that I have a caregiver accompany me as much as possible. When you are going through something that serious you need someone to be there during doctor's rounds because the patient may not be coherent enough to understand. Additionally the nurses won't be in your room 24-7 and you require a lot of assistance. Not implying that the caregiver does the nurses and cna's jobs. I was in the hospital over 6 weeks just with the transplant and required intensive assistance when I was able to leave. Yeah, I should not have gone to speculation. As an HR practitioner, I completely agree that the role of caretaker can take on so many forms, some predictable and some not so much. I choose to work for employers that I believe comply because it is the right thing to do and to demonstrate compassion for their workforce. |
|
|
|
Post by anneinwa on Oct 21, 2016 6:16:08 GMT
In role of caretaker... We are concerned with mental well being as well. He is not back to baseline mentally (better every day and is finally starting to realize he is imagining things that aren't real - huge improvement but has a ways to go and he fears that he may never walk again (a possibility), so we need to be there to push him.
Have also had to hire a sitter for night times after the two of us did about 2 weeks of 24/7 and realized we just could not do it long term.
We are also the relay medically between the staff there and the doctors. They need to see him as he was, a functioning intelligent, independent person, not a frail elderly man who they think came from a nursing home. You would be surprised at the jaw drops when we explain what he had been like.
|
|
|
|
Post by LiLi on Oct 21, 2016 7:11:28 GMT
Thank you so much for answering my questions. I completely understand now I am so sorry you are going through it and hope they give your sister what she needs. It will help everyone involved. It is the worst time to have to deal with that kind of stuff when you are just trying to live and care for your family! |
|
|
|
FMLA help
Oct 21, 2016 15:34:52 GMT
via mobile
Post by anneinwa on Oct 21, 2016 15:34:52 GMT
Thank you so much for answering my questions. I completely understand now I am so sorry you are going through it and hope they give your sister what she needs. It will help everyone involved. It is the worst time to have to deal with that kind of stuff when you are just trying to live and care for your family! It is... And I hope so too. We are trying to figure out our schedules so maybe she can given them something more concrete (aside from him needing more 'urgent care' on bad days). I'm ready to get home and spend more than a couple days with my family every couple weeks too. |
|
He works for a huge medical company. That's probably why it was much more cold.
