Post-op & FMLA (Family Medical Leave Act)

I've read some posts which gave erroneous information regarding FMLA, so here is a link to the official website for FMLA:

http://www.dol.gov/esa/whd/fmla/

It's always in your best interest to educate yourself and get an understanding of your rights (if any) under FMLA. Too many times I've seen people make the mistake of *thinking* they're covered, only to find out that they weren't.

Here are the some notable points of information:

1. You are ONLY covered by FMLA if your employer has 50 employees AND you've been employed by the employer for 12 months or 1250 hrs. within the last 12 months.

2. FMLA has a maximum timeframe of 12 weeks. Unless you have a written agreement with your employer, the 12 weeks must be consecutive. If a written agreement is created, you can use your 12-week FMLA in 1hr. increments.

3. FMLA is UNPAID. However, if you have any vacation time or sick days accumulated, your employer has the right to use the vacation/sick days first and then the FMLA 12-week coverage begins. (In other words, you cannot take FMLA and expect to still have your vacation/sick days to use until you've earned vacation/sick days again.)

4. FMLA guarantees that a job will be available for you upon your return to work. It DOESN'T mean that you will have the same job OR the same shift.

5. If you have health benefit premiums deducted from your paycheck, your employer is required to make those payments on your behalf while you're out on 12-wk FMLA.

6. If you decide NOT to return to work after your 12-wk FMLA time has expired AND your employer paid your health benefit premiums during your FMLA period, your employer has the right to seek legal recourse (civil claims court) against you in order to be reimbursed the total amount of the health benefit premiums which were paid on your behalf, and in anticipation of, your return to employment with the company.

Thanks for the link and this information.
's

Our employer goes over the FMLA if you need to to take time off, they are wonderful in explaining what it is, and what it entitles you to.
I also am huge on researching something that involes me, it always pays to have knowlege of.
When I found out that I was in need of a TAH, I spoke with my D.O.N about the time I needed off, I requested 6-8 weelks on my FMLA, b/c that was an average time amount. She told me to take off as much time as I needed b/c our employer would rather their staff be healed completely, than to return to work, only to get injured and need additional time off.
I have had other surgeries and applied for the FLMA, every thing went smoothly for me when I returned to my place of employment.
I hope that all will go well for anyone who has applied for the FLMA, and that their employer isn't a pain in the backside when they return. Take care, God bless.
Cindy

I just had my 4wk post op this morning. I will be out 4 more weeks- everything is okay besides a bladder infection and a little emotional- she said b/c my ovaries are still "angry" for being snipped. I am on FMLA and getting disability through my employer. I am a CNA and that was another reason the Doctor wanted me out a little longer so I do not injury myself. Its great to see a light at the end of this tunnel.

	Quote:
Originally Posted by NancH Thanks for the link and this information. 's

You're quite welcome!

If you feel that it should be part of the Pre-Op and/or Post-Op Articles, feel free to post it there.

I feel that it's important information that women should know.