Anyone well versed in FMLA?

[Tap]

I am thinking about taking a few weeks/month off work for dealing with dd4 but I don't know how to get it qualified under FMLA?

 

I work in a pharmacy for a large national chain. I have 40+ hours of sick leave and at least 3 weeks of vacation that I can use to get some income while I am gone. I have worked almost full time this past year, so I should meet the minimum hours required.

 

DD4 is having Huge issues right now. She is diagnosed PDD-NOS (likely Aspergers) and has Generalized Anxiety Disorder. She has been having so many issues at daycare, she has been expelled for 2 days. She hit/bit/kicked/punched the daycare director and other staff because they wanted her to wash her hands after the bathroom. :glare:

 

She sees a Psychiatrist, Behavior Therapist and is starting up with her OT again this week. We are in the process of changing meds again, trying to get the right one for her. We are on her 6th med change in a year. :( Her BT and Psychiatrist will both write a letter if I ask them to.

 

What do I need to know is, will this qualify us for FMLA. I don't want to walk away from my job, but I have to do something to deal with her right now. Getting kicked out of daycare mid-day, and my needing to leave work to deal with her...isn't going over very well.

[Twilight Woods]

you will need to contact your HR department [unless it's available on the web] and request FMLA paperwork fill it out have your Dr sign it.

[plansrme]

The relevant standard is that your leave has to be to care for a daughter (spouse/son, etc.) with a "serious health condition," the relevant definition of which is:

 

"Any period of incapacity or treatment for a chronic serious health condition which continues over an extended period of time, requires periodic visits (at least twice a year) to a health care provider, and may involve occasional episodes of incapacity. A visit to a health care provider is not necessary for each absence."

 

I am an employee benefits attorney, not an employment attorney, so while I am more familiar with FMLA than the average bear, this is not exactly my area of expertise. However, this is what I would go in if I were you. As you know, however, they can make you use your vacation as the first part of FMLA. I suppose that whether they can make you use sick leave will depend on whether sick leave there can be used for sick family members, rather than your own illness. In any event, you may come back from FMLA with no vacation and possibly no sick leave, so just keep that in mind.

 

Terri

[Tap]

The relevant standard is that your leave has to be to care for a daughter (spouse/son, etc.) with a "serious health condition," the relevant definition of which is:

 

"Any period of incapacity or treatment for a chronic serious health condition which continues over an extended period of time, requires periodic visits (at least twice a year) to a health care provider, and may involve occasional episodes of incapacity. A visit to a health care provider is not necessary for each absence."

 

I am an employee benefits attorney, not an employment attorney, so while I am more familiar with FMLA than the average bear, this is not exactly my area of expertise. However, this is what I would go in if I were you. As you know, however, they can make you use your vacation as the first part of FMLA. I suppose that whether they can make you use sick leave will depend on whether sick leave there can be used for sick family members, rather than your own illness. In any event, you may come back from FMLA with no vacation and possibly no sick leave, so just keep that in mind.

 

Terri

 

I am fine with using my existing benefits. I don't expect to be paid for leave beyond what I have accrued (remaining leave would be unpaid). I would just like to have a job when I come back. LOL

[Mommyof4ks]

The key is getting the doc to sign the paperwork. I would call and talk to the psychiatrist or the primary doc who is handling her care to see if they would be willing to sign it. My son had cancer, and my dh just had to take the FMLA paperwork to the oncologist's office to get it signed, and he could then take up to 12 weeks off unpaid any time during the year. Be aware that the company can give you any job upon your return, not necessarily the one you have now, so be sure you are ok with that before leaving. I know a few people who got burned by that.

[Tap]

The key is getting the doc to sign the paperwork. I would call and talk to the psychiatrist or the primary doc who is handling her care to see if they would be willing to sign it. My son had cancer, and my dh just had to take the FMLA paperwork to the oncologist's office to get it signed, and he could then take up to 12 weeks off unpaid any time during the year. Be aware that the company can give you any job upon your return, not necessarily the one you have now, so be sure you are ok with that before leaving. I know a few people who got burned by that.

 

I am familiar with the "any job" part of that. Right now my boss is being supportive of my days off, but I know that will end soon. I worry that I will risk more by trying to keep my current position. I can't be fired for leaving to take care of my dd without being written up for it first. They haven't indicated that they are even thinking this way....but I assume it is a matter of time. I have had to walk out of my job 4 times in the past few weeks, with no notice. 3 times I was able to settle her down at day care and then come back a few hours later, today she was suspended from daycare for 2 days and I had to call work and tell them I won't be back for 2 days. Due to her behavior two weeks ago, I took an emergency sick leave week, last week (they had Horrible staff that replaced me--my absence was noticed). Her behavior is getting worse, not better.

 

I am going to see if our HR person is available tomorrow. She and I are 'work friends' so I think she will be honest with me. Thursday, we have an appt with her BT. I will talk to her about the paperwork.