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I Didnt know about FMLA is it too late to get it? I Didnt know about FMLA is it too late to get it?

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  #1  
Unread 12-26-2011, 02:25 PM
I Didnt know about FMLA is it too late to get it?

I really need to go back to work and I found online about FMLA. My job never told me anything about it. I didnt know about it. i told them I need to leave for medical reasons and it would be a few months. They just said ok. But I have been out of work since July because the doctor told me I shouldnt even be working in my condition and I felt the same way but when the doctor said it I was scared to work anymore. My surgery didnt happen until mid November though, so I dont know if that would make a difference, and I know its only covered for so many weeks but I dont know if its too late to apply or how you would even do so. But that would help with the bills that I have fallen behind on. Does anyone know?
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  #2  
Unread 12-26-2011, 02:53 PM
I Didnt know about FMLA is it too late to get it?

First of all u Don't get paid using fmla. U can use Your own vacation time or paid time off. But u said u Been out since July. Do u still Have a job? U normally process fmla at least two weeks before Your surgery. Your employer supply the paper work then u give It to Your doctor. If u had short term disability
. Then u can use Your surgery to get money from it
Most They give u is 60% of Your weekly salary.
  Quote:
Originally Posted by fashionablyme View Post
I really need to go back to work and I found online about FMLA. My job never told me anything about it. I didnt know about it. i told them I need to leave for medical reasons and it would be a few months. They just said ok. But I have been out of work since July because the doctor told me I shouldnt even be working in my condition and I felt the same way but when the doctor said it I was scared to work anymore. My surgery didnt happen until mid November though, so I dont know if that would make a difference, and I know its only covered for so many weeks but I dont know if its too late to apply or how you would even do so. But that would help with the bills that I have fallen behind on. Does anyone know?
  #3  
Unread 12-26-2011, 05:32 PM
Re: I Didnt know about FMLA is it too late to get it?

FMLA is just a protection for an associate who meets criteria d at their employer to be off. Work up to 12 weeks without losing their job.you have to qualify for it thoughby working enough hours in the tprevious 12 months
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  #4  
Unread 12-26-2011, 05:41 PM
Re: I Didnt know about FMLA is it too late to get it?

FMLA is unpaid medical leave. It only provides protection for an employee for 12 weeks. After that, the employer can sever the employee/employer relationship at will; at least in Texas. You HR probably should have told you about this though.
  #5  
Unread 12-26-2011, 05:48 PM
Re: I Didnt know about FMLA is it too late to get it?

Apparently, it's short-term or long-term disability that allows time off and pay, FMLA is just the part where your job is guaranteed for a certain number of weeks or return to a similar job that they need to accommodate you for. Has your company been holding your job?

It doesn't hurt to ask. HR is probably the best area to talk to.

My company's provider was very efficient thankfully!
  #6  
Unread 12-26-2011, 05:54 PM
Re: I Didnt know about FMLA is it too late to get it?

First, you need to check to make sure that you still have a job. All of the previous posts are correct. HR is one of the classes that I teach on a college level. FMLA has to be pre-approved by your HR department. I don't know what type of surgery that you had, but my doctor told me that I could go back to work in six weeks. I probably will go back to work before my six weeks are up. However, I will probably go back half days for the first week. I travel a lot for my job and have told my Director that I will not be able to travel until March. My Director was okay with my schedule.

FMLA does not guarantee you will get paid while you are out of work, if you run out of leave. Please call your HR department tomorrow to obtain the facts about your company concerning FMLA and your leave.
  #7  
Unread 12-26-2011, 07:34 PM
Re: I Didnt know about FMLA is it too late to get it?

I cannot use FMLA as I work for a very small Dr.'s office of under 50 people, maybe 20 we have I'd guess. I do have AFLAC however, that will pay me $500.00 a week, tax free for now after my 14th day off, which is this week, but my managers are out until next week. With Aflac, (Met life has a similar temp disability plan too) you choose how much you want to get per week, and that determined my premium. It is also paying me $500.00 per night I spent in the hospital, and another $600.00 for the sugery itself, but that is a different policy, called hospital confinement I have with them also.
  #8  
Unread 12-27-2011, 05:33 AM
Re: I Didnt know about FMLA is it too late to get it?

I am NOT a lawyer, but manage a large law firm and administer our FMLA. You do not have to ASK for use of FMLA. If you had been working for a covered employer and you were eligible, your employer had a legal responsibility to advise you of your rights under FMLA. However, FMLA only guarantees you 12 weeks of leave without risk of losing your job. This leave does NOT have to be paid for by your employer. If you have available PTO and/or vacation time, your employer can and may mandate that such time off runs concurrently with FMLA.

To be eligible for FMLA benefits, an employee must:

>work for a covered employer;

>have worked for the employer for a total of 12 months;

>have worked at least 1,250 hours over the previous 12 months; and

>work at a location in the United States or in any territory or
possession of the United States where at least 50 employees are employed by the employer within 75 miles.

If you had worked for your employer for at least 1, 250 hours in the previous 12 months and they employ 50 or more people, your rights under FMLA may have been violated. Failure of your employer to proactively advise you of your rights under FMLA could result in fines and penalties to the company. If you feel your rights have been violated under FMLA, you should contact a lawyer immediately to ensure your rights are protected. Legal violations are most often subject to a statutory time limitation so, failure to seek legal advise in a timely fashion could prevent you from having a valid case against your employer.

More information is avaialbble at the Department of Labor website at dol.gov

Hope this helps.
Best of luck.
  #9  
Unread 12-27-2011, 06:12 AM
Re: I Didnt know about FMLA is it too late to get it?

AMD120211-

That was a great, informative post for everyone! I am currently utilizing FMLA for the umpteenth time and you have really summarized it nicely for the uninformed.
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