FMLA

I was recently diagnosed with UC. I told my doctor that I was going to be filing for FMLA. He said that he doesn't normally do FMLA because his patients are under control and do not miss work. I said I appreciate that and do not want to miss work but I am not trying to lose my job or become negatively impacted at work if it does happen during a flare. I then get an update that he canceled my follow up appointment. I now have to go to a new doctor who did not perform the colonoscopy and Upper and hope they will fill it out for me based off of the results and UC diagnosis.

Is this normal? Am I right in trying to protect my job? Is it really this hard to find doctors to fill out FMLA paperwork. I haven't ever used FMLA so this is kind of new to me....

Any advice?

I know I'm new to this forum and all, but I have worked in HR for over 10 years. While I do not currently have a need myself for FMLA, due to having a pretty generous company PDO policy and an understanding supervisor, I can absolutely understand why you would want to put "Intermittent FMLA" into place to protect your position.

If you've worked with your employer over 1 year and 1,250 hours, you can file for intermittent FMLA. Talk to your doctor about certifying your medical condition and the possibility for intermittent flare ups. Your company's HR department will work with you to ensure both the best notification system to ensure coverage for your duties while you are out and also protect your job on those days you can't make it in. For up to 12 weeks of unpaid, job and benefit protected leave.

Just be clear with your doctor about your fears with your employer and your history of flares and make sure he/she includes in the FMLA certification both anticipated frequency of flares and duration. If it's not clear, the HR Department will kick it back to you to get clarification. (For example: May occur as often as 1-2 times per month for 1-2 days at a time)

Thanks guys.

I had flares Nov., Feb. and my last one just stopped. I am on Liadla 4.8gm per day. Just want to be able to take the days needed if there happens to be a flare. Hope there is never one. They hurt.

fos4snt said...
I know I'm new to this forum and all, but I have worked in HR for over 10 years. While I do not currently have a need myself for FMLA, due to having a pretty generous company PDO policy and an understanding supervisor, I can absolutely understand why you would want to put "Intermittent FMLA" into place to protect your position.

If you've worked with your employer over 1 year and 1,250 hours, you can file for intermittent FMLA. Talk to your doctor about certifying your medical condition and the possibility for intermittent flare ups. Your company's HR department will work with you to ensure both the best notification system to ensure coverage for your duties while you are out and also protect your job on those days you can't make it in. For up to 12 weeks of unpaid, job and benefit protected leave.

Just be clear with your doctor about your fears with your employer and your history of flares and make sure he/she includes in the FMLA certification both anticipated frequency of flares and duration. If it's not clear, the HR Department will kick it back to you to get clarification. (For example: May occur as often as 1-2 times per month for 1-2 days at a time)

That's interesting. I've never heard of intermittent FMLA. The company I work for doesn't have an organized HR dept, so they wouldn't make us aware of something like this. I wish they had.

If you can file for it, and have it as something you can use when you need it, it definitely makes sense for an IBDer.

FMLA is often misunderstood, but it can absolutely be used to cover chronic conditions with intermittent time off. And like Michelejc said, this is something you would reapply for annually. When I was administering leave policies at my last company, I tracked those on intermittent leave and checked their time off monthly to keep a tally of time used for FMLA purposes which cannot exceed 12 weeks cumulative in the rolling 12 month from initiation of the leave itself.

FMLA, in general, can be subject to abuse so good HR professionals monitor it pretty closely. But, with that being said, we generally trust employees to be honest as they filed for FMLA because they care about protecting their jobs.

Intermittent FMLA can be used for Crohns/Colitis and other autoimmune diseases subject to flares with doctors certifications (even if just a day here or a day there). It can also be used for family members who qualify with their own company's who may need to intermittently care for you!

Here's a link on intermittent leave: http://topics.hrhero.com/fmla-intermittent-leave/

It is important to note that if you work for a small employer, they may not be subject to FMLA laws. Private employers with less than 50 employees employed at the location or within 75 miles of the location are not subject to the law.

Different states also have different laws that may be better than the federal law, in which case state law will apply. And in some cases, those state requirements are for smaller employers than the federal law or grant longer periods of leave/cumulative intermittent leave.

I work for a small company. It probably wasn't available for me.

I think it's a reasonable request to want protect yourself with intermittent leave. it's unpaid and you wouldn't take it unless it was necessary. My first post I thought you were meaning you wanted to take a long leave right now. I didn't realize you could use FMLA to take the days when you need them, seems fairly reasonable for people with chronic illnesses to be able to take a day, or a few, when they need it. I know i'd never take unpaid days unless i really needed to. I am too poor to be taking days without pay.

/www.dol.gov/whd/regs/compliance/1421.htm

I believe FLMA forces you to burn through your sick and vacation time 1st, and then unpaid time after that. I'm no expert though.

Most employers are understanding, and if you are valued to them they want to give you a chance to heal and return to work at full capacity, with or without FLMA. Even smaller companies exempt from FLMA will likely work with you and arrange something similar.

There's also short-term disability, which you might have coverage for through your employer. Long-term disability is very hard to get with UC, as there's almost always a way to recover (by changing meds or surgery).

Work with your HR, your doctor and try to recover as quickly as you can!

notsosicklygirl said...

SummerFun said...


It is okay, I appreciate you offering the info you had. I can use my sick time and my businesses actually forces me to use my paid time off with any FMLA (I found out). That is okay I don't mind doing that. I hope I don't need to take any days off, but if I flare I want to be protected. I am just surprised by the doctor because I really liked him and their entire office. I still can't get over the canceling of my appointment without even a word.

I could understand him being tough about long-term, but what you're looking for isn't that. Perhaps he was confused, regardless his reaction was inappropriate. It's very inconvenient for you to have to go to someone else especially since you liked him and his office staff. I am not sure there's much else you can do at this point. Did you confront his office to ask about the cancellation? Maybe it's all a misunderstanding? I actually had to use my regular PTO once because of illness, but luckily it wasn't that much that I needed more. I did however blow through all my vacation time and got no actual vacation.

Me too. I am asking for somewhere in the range of 5-10 days a year at his discretion. It is not excessive. I based that off the two flares last year.

I did message them later this afternoon and said was my appointment cancelled. I will wait to hear from them. Maybe he is going to have staff ask me to come in earlier, but it doesn't have that feel. But you're right, let me wait and see. Benefit of the doubt.