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Post by templatequeen on Jun 13, 2018 19:06:47 GMT
I have a question . I have a 17 yr old daughter who will be going for a consult regarding surgery on July 9. She will be turning 18 on July 13.
This surgery will be done in another state, and will need at least 3 different ones.
I went to my HR today and they told me that once she is 18 I cant take FMLA on her. She would have to be deemed Handicap, and unable to take care of herself. She medical /birth defect in her medical chart but she is able to do normal things, walk talk drive is fully active.
I am having a hard time wrapping my head around this because I can take time off to take care of a parent who had a hip replacement..... I have not but that is allowable....
I live in Michigan, I don't know if it is state by state.
But after surgery she will be home for a few days and will need care. But HR stated she will be able to go to the bathroom and walk by herself Correct? I said yes with assistance...
Am I being told the right information about this??? Anyone care to clarify it?? Or help me find a loop hole,
I am at a loss..
Then I was asked if a grandparent can take her to her surgery, so I don't miss work time??? WTF I do have PTO time, but incase my PTO request are not granted I wanted to have FMLA in my back pocket to use |
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Post by Basket1lady on Jun 13, 2018 19:17:11 GMT
On the DOL website it lists spouses, children, and parents. it doesn't list the ages of children, but the link for the entire document is here: DOL Employer GuideFrom the DOL site: FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:
for the birth and care of the newborn child of an employee;
for placement with the employee of a child for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.
What your HR dept is telling you seems a little suspect to me. |
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AmandaA
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Post by AmandaA on Jun 13, 2018 19:19:29 GMT
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SweetieBsMom
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Post by SweetieBsMom on Jun 13, 2018 19:34:13 GMT
On the DOL website it lists spouses, children, and parents. it doesn't list the ages of children, but the link for the entire document is here: DOL Employer GuideFrom the DOL site: FMLA applies to all public agencies, all public and private elementary and secondary schools, and companies with 50 or more employees. These employers must provide an eligible employee with up to 12 weeks of unpaid leave each year for any of the following reasons:
for the birth and care of the newborn child of an employee;
for placement with the employee of a child for adoption or foster care;
to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
to take medical leave when the employee is unable to work because of a serious health condition.
What your HR dept is telling you seems a little suspect to me.I don't think what she's being told is suspect when you look at the regs for children over 18 as previously posted: www.dol.gov/whd/regs/compliance/whdfs28k.pdf
It's right in line with what she was told by HR....
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Post by christine58 on Jun 13, 2018 19:41:13 GMT
But after surgery she will be home for a few days and will need care. But HR stated she will be able to go to the bathroom and walk by herself Correct? I said yes with assistance... The loop hole would be a doctor's note saying she needs to have someone with her. |
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Post by PolarGreen12 on Jun 13, 2018 19:56:13 GMT
It doesn't matter too what HR says would qualify. It's her doctor that fills out the paper work states what her after care needs will be. I would get the paperwork and start the process. Worst is it is denied.
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Post by revirdsuba99 on Jun 13, 2018 19:56:18 GMT
The loop hole would be a doctor's note saying she needs to have someone with her. After effects of surgery could render the DD with a 'temporary disability' needing direct care. |
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Deleted
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Aug 18, 2025 19:29:44 GMT
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Post by Deleted on Jun 13, 2018 20:26:45 GMT
I'm pretty sure that's correct. My dd just turned eighteen and has several chronic health problems. But when I checked a couple of months ago, I can now only use FMLA for certain ones that would be considered a disability. Her type 1 diabetes counts, but others do not.
I wish I had better news. However I could be wrong which I hope for your case! Good luck.
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Post by fashionista on Jun 13, 2018 20:32:20 GMT
Have her doctor fill out the paper work. Also try calling disability they can explain. I was allowed to take Fmla when I was 30 years old and my mom was diagnosed with cancer. I also lived in California at the time. Praying for a successful surgery.
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Post by christine58 on Jun 13, 2018 20:47:35 GMT
I was allowed to take Fmla when I was 30 years old and my mom was diagnosed with cancer. I also lived in California at the time. Praying for a successful surgery. You can always use FMLA to care for a parent. |
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Post by templatequeen on Jun 13, 2018 20:57:47 GMT
Yea but I have to have proof I have a sick parent and I don't.
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Post by 16joy on Jun 13, 2018 21:03:45 GMT
Do you have to pick up the whole health insurance cost When on FMLA if you insure your daughter? If so, PTO may be cheaper.
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Peamac
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Post by Peamac on Jun 13, 2018 21:27:38 GMT
But HR stated she will be able to go to the bathroom and walk by herself Correct? I said yes with assistance... HR asked if she'd be able to go potty and walk by herself. If she needs assistance to do those things, then the answer is no, she will not be able to do it herself. |
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Post by christine58 on Jun 13, 2018 21:30:44 GMT
Yea but I have to have proof I have a sick parent and I don't. But your daughter's doctor can absolutely write a note saying she needs you while she is home. |
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keithurbanlovinpea
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Post by keithurbanlovinpea on Jun 13, 2018 22:19:03 GMT
I do have PTO time, but incase my PTO request are not granted I wanted to have FMLA in my back pocket to use Most companies make you burn PTO for time off, even when it is covered by FMLA. So check into that too. |
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CeeScraps
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Post by CeeScraps on Jun 13, 2018 22:24:24 GMT
I haven't read all of the responses, but I'd have your dd's dr. write a note for you. I'm guessing they can not deny an official dr. note.
When he writes it make sure that the time frame is open on it or until your dd has another dr. appointment following the surgery. Then at that dr appt if she still needs help have him write another note for you.
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Deleted
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Aug 18, 2025 19:29:44 GMT
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Post by Deleted on Jun 13, 2018 22:34:18 GMT
I have a question . I have a 17 yr old daughter who will be going for a consult regarding surgery on July 9. She will be turning 18 on July 13.
This surgery will be done in another state, and will need at least 3 different ones.
I went to my HR today and they told me that once she is 18 I cant take FMLA on her. She would have to be deemed Handicap, and unable to take care of herself. She medical /birth defect in her medical chart but she is able to do normal things, walk talk drive is fully active.
I am having a hard time wrapping my head around this because I can take time off to take care of a parent who had a hip replacement..... I have not but that is allowable....
I live in Michigan, I don't know if it is state by state.
But after surgery she will be home for a few days and will need care. But HR stated she will be able to go to the bathroom and walk by herself Correct? I said yes with assistance...
Am I being told the right information about this??? Anyone care to clarify it?? Or help me find a loop hole,
I am at a loss..
Then I was asked if a grandparent can take her to her surgery, so I don't miss work time??? WTF I do have PTO time, but incase my PTO request are not granted I wanted to have FMLA in my back pocket to use When they asked by herself your answer should have been NO. She won't be able to go by herself, she will need assistance. Being able to walk and go to the bathroom by herself means she doesn't need you to be there full time. |
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snyder
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Post by snyder on Jun 13, 2018 22:45:23 GMT
There may also be a loophole if your daughter has not graduated from high school yet. Children over the age of 18 and have not finished high school are allowed to draw Social Security based on a parents disability up until the month they graduate. Give that info, she still might be considered a minor.
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Post by christine58 on Jun 13, 2018 22:54:57 GMT
Most companies make you burn PTO for time off, even when it is covered by FMLA. So check into that too. right...Where I taught, you used your sick days--they were "marked" FMLA. |
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Post by mikklynn on Jun 14, 2018 0:55:14 GMT
Do you have to pick up the whole health insurance cost When on FMLA if you insure your daughter? If so, PTO may be cheaper. No. Your employer must cover you as if you were there. |
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Post by hop2 on Jun 14, 2018 1:05:27 GMT
You need a letter or other document from the doctor that due to the surgery your DD will be physically incapable of self care. That should be all you need. ( providing of course that will be true )?
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Post by Eddie-n-Harley on Jun 14, 2018 1:06:20 GMT
Do you have to pick up the whole health insurance cost When on FMLA if you insure your daughter? If so, PTO may be cheaper. I think you still want to go through your employer's FMLA process, though. Your job is protected if you are on FMLA leave; it's not protected if you end up taking too much PTO. |
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smginaz Suzy
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Post by smginaz Suzy on Jun 14, 2018 5:08:23 GMT
I haven't read all of the responses, but I'd have your dd's dr. write a note for you. I'm guessing they can not deny an official dr. note. When he writes it make sure that the time frame is open on it or until your dd has another dr. appointment following the surgery. Then at that dr appt if she still needs help have him write another note for you. Yes, they can. It's not that the note is from a doc. It is all about what the doc says in the note. A note from a doc is not a free pass to whatever, as sometimes people think. |
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Post by #notLauren on Jun 14, 2018 5:36:45 GMT
You don't mention what type of surgery your dd is having so it's hard to respond. Does she truly need you home or do you want to be there for her because you're "mom"? While I'd want to be there with my child I don't see that the suggestion that family help out so you can go back to work to be all that outrageous. But again, I don't know how serious your dd's surgery is or what happens during the recovery period.
I don't buy into the advise many people seem to be giving about lying about your dd's needs. If she falls within the guidelines of the statute, then push for your rights, but abuses always lead to future limiting of the rights.
I do hope all goes well with your dd's surgery.
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CeeScraps
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Post by CeeScraps on Jun 14, 2018 12:49:27 GMT
I haven't read all of the responses, but I'd have your dd's dr. write a note for you. I'm guessing they can not deny an official dr. note. When he writes it make sure that the time frame is open on it or until your dd has another dr. appointment following the surgery. Then at that dr appt if she still needs help have him write another note for you. Yes, they can. It's not that the note is from a doc. It is all about what the doc says in the note. A note from a doc is not a free pass to whatever, as sometimes people think. I totally agree. The dr has to explain what is needed and the time frame that he/she feels mom needs to be home to help. |
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Country Ham
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Jun 25, 2014 19:32:08 GMT
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Post by Country Ham on Jun 14, 2018 17:19:34 GMT
Do you have any vacation to take?
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