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Post by mikklynn on Feb 15, 2016 16:29:05 GMT
VENTING ONLY...
I have had FMLA for DH for a number of years. They always make me use all my PTO before I can use unpaid leave. Because DH is in a clinical trial in Chicago, I use 2 days every 3rd week, so I have been using all my PTO. I just put in for a week of unpaid leave so we can actually take a vacation. HR called me in and said corporate doesn't want to approve any more unpaid leave unless it's for FMLA reasons.
So apparently, I can never have a full week of vacation again. I am so PISSED. I have worked for this company for 34 years. I swear, I really think they are trying to get me to quit. Well, I can't quit. I need the insurance.
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christinec68
Drama Llama
Posts: 5,123
Location: New York, NY
Jun 26, 2014 18:02:19 GMT
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Post by christinec68 on Feb 15, 2016 16:34:59 GMT
That really sucks. Can you speak to your manager or someone to help you?
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FMLA vent
Feb 15, 2016 16:36:55 GMT
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Post by utmr on Feb 15, 2016 16:36:55 GMT
Can you use the vacation first? Then use the remaining vacation as fmla, then take the unpaid fmla last.
Good luck. That stinks.
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Post by compwalla on Feb 15, 2016 16:39:20 GMT
FMLA is great when you need it but the way some companies implement it sucks hairy donkey balls. I'm sorry. That is sort of what happened to me when I took maternity leave the first time. They forced me to use all my sick and vacation time, leaving me with nothing to take off if I or my baby got sick after I went back to work. I would have had to take the sick time unpaid and they could have fired me for it. Plus I could only take nine weeks off because I couldn't afford the full twelve. In the end it worked out because they moved the company when DS was five months old, we all got laid off, and I got a nice severance to go home and spend time with my infant.
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freebird
Drama Llama
'cause I'm free as a bird now
Posts: 6,927
Jun 25, 2014 20:06:48 GMT
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Post by freebird on Feb 15, 2016 16:41:09 GMT
I would put in for vacation the minute you get it, even if you're just having a staycation, then use the fmla for husband. Seems like a sneaky way to have to do things but sheesh.
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gramma
Pearl Clutcher
Posts: 2,897
Location: Sacramento, Ca
Aug 29, 2014 3:09:48 GMT
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Post by gramma on Feb 15, 2016 16:42:56 GMT
sucks hairy donkey balls
You kill me girl! You are just so damned funny!
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Post by kellybelly77 on Feb 15, 2016 16:43:42 GMT
We require our employees to use their PTO while out on FMLA leave also. But we don't have any prohibition on unpaid leave and we do try to work with employees who request time off. But we work in healthcare and are 24/7 and we have to be staffed so sometimes it just doesn't work out.
I'm sorry your DH isn't well. Can you try again in a few months? Staffing levels change and things happen so maybe they will be more receptive at a different time?
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Post by gmcwife1 on Feb 15, 2016 16:44:55 GMT
FMLA is great when you need it but the way some companies implement it sucks hairy donkey balls. I'm sorry. That is sort of what happened to me when I took maternity leave the first time. They forced me to use all my sick and vacation time, leaving me with nothing to take off if I or my baby got sick after I went back to work. I would have had to take the sick time unpaid and they could have fired me for it. Plus I could only take nine weeks off because I couldn't afford the full twelve. In the end it worked out because they moved the company when DS was five months old, we all got laid off, and I got a nice severance to go home and spend time with my infant. Our company is the same way. Many people that have it and need it are unable to take any vacation because they don't have the PTO.
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Post by melodyesch on Feb 15, 2016 16:46:03 GMT
I am confused. If you're putting in for unpaid leave and you're not filing for FMLA then why would they care? That seems really unreasonable. I would ask to have a meeting with HR to explain that you've used up all of your PTO to see to your husband's needs and now you really need some time off. Hopefully you can escalate it and they will allow you to take it. It would be really shitty if they didn't.
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Post by disneypal on Feb 15, 2016 16:47:47 GMT
How much PTO do you get? I know you use 2 days a month but how much do you earn? I am assuming it isn't enough to accumulate 5 additional days?
I don't know your husband's situation but is is possible for someone else to go with him for 2 of those months so then you will have 4 days of PTO that you didn't use and can then take it with a vacation (maybe around a holiday so you get a full week?
That does really stink that you can't take unpaid time off for vacation, especially when you are required to use PTO for the FMLA first.
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Post by littlemama on Feb 15, 2016 16:59:34 GMT
That is a pretty normal way for FMLA to work. When I had DS (in March), I had to blow through all my PTO. Another girl I worked with had her baby in July, but used all of her Vacation time before then. You would need to take your paid vacation before you used all of your paid days on FMLA. It doesn't matter when you schedule it, it matters when you actually use it.
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Deleted
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May 4, 2024 22:32:20 GMT
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Post by Deleted on Feb 15, 2016 17:06:29 GMT
That sucks. I'm sorry. I understand from a business and HR perspective why they would have the policy like that, but still... it would be nice if they could have a heart. I work for a huge company and while that's how our policy is, our managers do have discretion and can (and will) go to bat for the employee in eventuating circumstances like yours. As long as it's reasonable, flexibility will be approved. It's one thing when it's a single FMLA event like having a baby or being out for surgery, etc., but when it's intermittent FMLA over a long period of time, these policies feel punitive.
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loco coco
Pearl Clutcher
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Jun 26, 2014 16:15:45 GMT
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Post by loco coco on Feb 15, 2016 17:19:20 GMT
Im sorry you are dealing with this.
I do not get FMLA because our company is small. I do have a question on how it works though, does FMLA provide time off without the risk of losing your job or does it also provide paid leave? Im pregnant right now and got into a discussion with a friend over this, neither of us really knew what it offered.
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Deleted
Posts: 0
May 4, 2024 22:32:20 GMT
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Post by Deleted on Feb 15, 2016 17:20:33 GMT
Im sorry you are dealing with this. I do not get FMLA because our company is small. I do have a question on how it works though, does FMLA provide time off without the risk of losing your job or does it also provide paid leave? Im pregnant right now and got into a discussion with a friend over this, neither of us really knew what it offered. FMLA does not provide paid leave; it only protects you from losing your job when you (or a family member) have a qualifying health situation.
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Post by mikklynn on Feb 15, 2016 17:22:40 GMT
I am confused. If you're putting in for unpaid leave and you're not filing for FMLA then why would they care? That seems really unreasonable. I would ask to have a meeting with HR to explain that you've used up all of your PTO to see to your husband's needs and now you really need some time off. Hopefully you can escalate it and they will allow you to take it. It would be really shitty if they didn't. I am not allowed to use unpaid leave until I exhaust my PTO. Now they are saying I can only take unpaid leave for FMLA reasons. My manager tried unsuccessfully to argue how unfair this is. It's a big corporation with the home office in another city, so they don't care.
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Post by zztop11 on Feb 15, 2016 17:25:49 GMT
Don't know much about this but can you get your doctor to say that you need some time off.
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Post by mikklynn on Feb 15, 2016 17:27:11 GMT
How much PTO do you get? I know you use 2 days a month but how much do you earn? I am assuming it isn't enough to accumulate 5 additional days? I don't know your husband's situation but is is possible for someone else to go with him for 2 of those months so then you will have 4 days of PTO that you didn't use and can then take it with a vacation (maybe around a holiday so you get a full week? That does really stink that you can't take unpaid time off for vacation, especially when you are required to use PTO for the FMLA first. I get 30 days, which is very generous. But, we made 15 trips last year for his treatment, so there goes 30 days. Believe me, we are scheduling it so I miss the least work possible.
Then add in random complications and I miss more work. For example, last year he had a bile duct blockage requiring hospitalization. I probably missed a week with that. Saturday night we spent in the ER as he managed to get a cellulitis infection. Luckily, he's better today or I'd be gone again.
I may have to ask his brother to go with him to Chicago soon. His other siblings live out of state. His mom is 84, so she is not really able to help. She's in AZ for the winter, also.
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~Lauren~
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Jun 26, 2014 3:33:18 GMT
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Post by ~Lauren~ on Feb 15, 2016 17:31:43 GMT
While I understand your frustration Lynn, as an employer I see it from the other side. You are out of the office a good deal of time. The FMLA allows you that time without having to worry about the loss of your job but nonetheless, your employer must fill the gap left by your absence (whatever the reason). If you have used up 30 days and then additional days for your husband's care, can understand the employer saying no to additional time off whether it's paid or unpaid for a vacation.
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Post by cindyupnorth on Feb 15, 2016 17:32:27 GMT
That is basically how it is at where I work. We are ONLY allowed so many hours. What exactly do you do? is this something where they have to replace you every time you are off? And its been going on for years? I have never heard of FMLA going for yrs? Mainly it's for an illness that is eventually over. Are they not seeing and end to this? maybe if you provided them with a time line? like in 6 mo's we will be done with this. KWIM?
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Post by jennyap on Feb 15, 2016 17:33:31 GMT
I get 30 days, which is very generous. But, we made 15 trips last year for his treatment, so there goes 30 days. Believe me, we are scheduling it so I miss the least work possible. Do you get the full amount allocated at the start of the year, or accrue it over the year? If it's the former (and you're on a calendar year basis) that presumably means you haven't used it yet, so just schedule the vacation from PTO. Then you will run out of PTO before the end of the year, and the FMLA will legitimately kick in for your DH's treatment trips. Or am I missing something?
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gsquaredmom
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FMLA vent
Feb 15, 2016 17:37:04 GMT
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Post by gsquaredmom on Feb 15, 2016 17:37:04 GMT
I am sorry you are going through this. How awful with everything you both have gone through.
Is your husband considered disabled? You may have some job protection under ADA if you are discriminated against because of your association with a person who has a disability.
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~Lauren~
Pearl Clutcher
Posts: 3,876
Jun 26, 2014 3:33:18 GMT
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Post by ~Lauren~ on Feb 15, 2016 17:37:44 GMT
How is she being discriminated against?
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Post by salem on Feb 15, 2016 17:38:15 GMT
That really stinks. One of my co-workers uses FMLA to cover Doctor appointments for her teen DD who has a chronic medical condition. All of her time is spent running back and forth to Children's Hospital and they take any personal and vacation time as she earns it before she uses FMLA. She always looks so exhausted and never gets any downtime that's just fun.
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Post by compwalla on Feb 15, 2016 17:40:02 GMT
That is basically how it is at where I work. We are ONLY allowed so many hours. What exactly do you do? is this something where they have to replace you every time you are off? And its been going on for years? I have never heard of FMLA going for yrs? Mainly it's for an illness that is eventually over. Are they not seeing and end to this? maybe if you provided them with a time line? like in 6 mo's we will be done with this. KWIM? It's twelve weeks per year that you can get FMLA. For many people, chronic conditions stretch out over more than one year. I have an intermittent FMLA claim that is good through June 2017. So when I take my time off for cancer treatments and procedures I don't have to make a new FMLA claim every single time. I took four weeks for my big surgery, a week for chemo, and I take single sick days when I have to travel to the cancer center in Dallas to see my oncologist. It adds up over the calendar year. My "event" will be over when I'm either well or dead. FMLA protects my job and my insurance; that's what it's there for.
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Post by littlemama on Feb 15, 2016 17:42:08 GMT
That is basically how it is at where I work. We are ONLY allowed so many hours. What exactly do you do? is this something where they have to replace you every time you are off? And its been going on for years? I have never heard of FMLA going for yrs? Mainly it's for an illness that is eventually over. Are they not seeing and end to this? maybe if you provided them with a time line? like in 6 mo's we will be done with this. KWIM? You are allowed 12 weeks per year (the year starts at the date of the event), and it is renewable as long as you still meet the minimum requirements.
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FMLA vent
Feb 15, 2016 17:45:05 GMT
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Post by jenis40 on Feb 15, 2016 17:45:05 GMT
ETA see Compwalla's post*** It's my understanding that FMLA resets every calendar year (I could be wrong). You can have up to 12 weeks of unpaid leave for a qualified medical event. My employer also required that PTO was used first. In my case, once I exhausted FMLA and would need significant more time off, I was required to leave my position to go on Long Term Disability. I was the patient rather than caregiver.
I'm sorry you are going through this. You've been through hell caring for your DH and deserve a little fun time.
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Deleted
Posts: 0
May 4, 2024 22:32:20 GMT
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Post by Deleted on Feb 15, 2016 17:48:04 GMT
That is basically how it is at where I work. We are ONLY allowed so many hours. What exactly do you do? is this something where they have to replace you every time you are off? And its been going on for years? I have never heard of FMLA going for yrs? Mainly it's for an illness that is eventually over. Are they not seeing and end to this? maybe if you provided them with a time line? like in 6 mo's we will be done with this. KWIM? Intermittent FMLA is a real thing and can indeed go for years. Chronic medical conditions don't always get cured in a tidy timeframe.
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Post by cindyupnorth on Feb 15, 2016 18:08:33 GMT
I totally get the extended FMLA. We have a co-worker here that has it. I know it resets after a yr. BUT if it had been going on, for say like 2-3 yrs, I would think we all would be wondering how much longer? Esp if she has to be replaced when she is off. Maybe if they had a set date? like every thur-fri of the 3rd wk of the mo, she is off. Maybe there is a problem with hiring someone else so casually to replace here? IDK. I'm just throwing things out there. I'm so relieved there are things out there to protect us against getting fired during an extended illness. I can't imagine.
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gramma
Pearl Clutcher
Posts: 2,897
Location: Sacramento, Ca
Aug 29, 2014 3:09:48 GMT
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Post by gramma on Feb 15, 2016 18:09:30 GMT
Another thing that can happen is that if an employee takes FMLA and the company policy is not to have them use PTO the employee can subsequently quit then claim that they were not paid properly. Off to Dept of Labor they go and DOL will side with the employee. Unfortunately employers have to protect themselves
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Post by KelleeM on Feb 15, 2016 18:17:23 GMT
I just want to say that I'm sorry. It's so hard being a caregiver and working and worrying about your job and health insurance. I understand.
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