need advice on FMLA

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WorriedWife
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Re: need advice on FMLA

Postby WorriedWife » Mon Sep 03, 2012 9:49 pm

Hi Lara,

He was off work for about 3 weeks total including hospital time.... He didn't go on FMLA, but pretty much used up his vacation time for this year. He might have went back too soon, because he was sooo tired when he got home. But week by week he's doing a little better.

I don't how things will work out though if he starts chemo soon. I'm like you and trying to figure everything out. It's really tough though because I have no concentration!
Hubby
CC Stg. 2b
Dx 6/12
surgery & reconnect
opted out Folfox
Pet Scan Aug NED
abscess/fistula for over a year
ongoing Dec 2013
Praying for each and every one of you

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Ashlee H.
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Re: need advice on FMLA

Postby Ashlee H. » Mon Sep 03, 2012 9:53 pm

From my own experience, it was my understanding the FMLA protects your job for 3 months. If you are unable to return after this time, they legally can terminate your position. However, with me, my boss gave me an extra 6 months off without worrying about losing my job. You may still be on long-term disability if you are terminated. If you do return to work, they do have to try and make any reasonable accommodations so you can get treatment and your doctor appointments. If they are unable to make the accommodations, then they legally can let you go. Most companies do try to make it work - but you do hear the horror stories.
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Lara239
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Re: need advice on FMLA

Postby Lara239 » Mon Sep 03, 2012 10:28 pm

WorriedWife wrote:Hi Lara,

He was off work for about 3 weeks total including hospital time.... He didn't go on FMLA, but pretty much used up his vacation time for this year. He might have went back too soon, because he was sooo tired when he got home. But week by week he's doing a little better.

I don't how things will work out though if he starts chemo soon. I'm like you and trying to figure everything out. It's really tough though because I have no concentration!


Well, lets try to figure this out together then. Feel free to PM me and we can chat about it. I am thinking of getting consultation from a lawyer soon. If you do some research please share with me what you learn and I will also share with you as well.
wife of DH (age 41) DX 8/3/2012 with 10 cm tumor in decending colon
pre-surgery CEA 4.4, no spread to other organs
8/22 - resection DX stage 3c 9/44 positive nodes
10/3/2012 CEA 1.3
Lynch test negative, tumor IS MSI-H
Folfox 10/3/2012 w/Yance protocol

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WorriedWife
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Re: need advice on FMLA

Postby WorriedWife » Mon Sep 03, 2012 10:34 pm

Yes, let's do that - sounds great! There is so much to learn it seems.
Hubby
CC Stg. 2b
Dx 6/12
surgery & reconnect
opted out Folfox
Pet Scan Aug NED
abscess/fistula for over a year
ongoing Dec 2013
Praying for each and every one of you

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Bev G
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Re: need advice on FMLA

Postby Bev G » Mon Sep 03, 2012 10:45 pm

Ladies; Lara and WorriedWife:

Just a thought, but you guys might want to call the ADA and the American Cancer Society...both have attorneys on staff who can give you pro bono legal advice regarding issues like FMLA and reasonable accommodations and stuff like that. It would be a pretty easy and free way to answer many of your questions while you are trying to make sure your spouses are protected.

http://www.ada.gov/
http://www.cancer.org/
And, here's the FMLA website:
http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

HTH,

Bev
58 yo Type1 DM 48 years
12/09 Stage IV 2/22 nodes + liver met, colon resec
3 tx FOLFIRI, liver resec 4/10
9/10 6 mos off chemo, Neg PET&CTC CEA nl
2/11 finished total 10 rounds chemo

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WorriedWife
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Re: need advice on FMLA

Postby WorriedWife » Mon Sep 03, 2012 10:58 pm

Bev,

Thank you so much, that is a great idea and starting point! I will click on those links, that was so nice of you to post those! I hope you are doing really good!
Hubby
CC Stg. 2b
Dx 6/12
surgery & reconnect
opted out Folfox
Pet Scan Aug NED
abscess/fistula for over a year
ongoing Dec 2013
Praying for each and every one of you

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Lara239
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Re: need advice on FMLA

Postby Lara239 » Mon Sep 03, 2012 11:18 pm

Bev G wrote:Ladies; Lara and WorriedWife:

Just a thought, but you guys might want to call the ADA and the American Cancer Society...both have attorneys on staff who can give you pro bono legal advice regarding issues like FMLA and reasonable accommodations and stuff like that. It would be a pretty easy and free way to answer many of your questions while you are trying to make sure your spouses are protected.

http://www.ada.gov/
http://www.cancer.org/
And, here's the FMLA website:
http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

HTH,

Bev


Thank you so much! I will do this tomorrow for sure! I will let you guys know what I find out.
wife of DH (age 41) DX 8/3/2012 with 10 cm tumor in decending colon
pre-surgery CEA 4.4, no spread to other organs
8/22 - resection DX stage 3c 9/44 positive nodes
10/3/2012 CEA 1.3
Lynch test negative, tumor IS MSI-H
Folfox 10/3/2012 w/Yance protocol

weisssoccermom
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Re: need advice on FMLA

Postby weisssoccermom » Tue Sep 04, 2012 2:33 am

I can only give you an example of my daughter being let go after using up her FMLA. The employer was NOT obligated to keeping her as she had used up her FMLA. In her situation, she was a teacher (had been in a bad car accident) and her absences DID cause the employer an undue hardship. Don't get me wrong, I wish it hadn't been that way but....you do have to remember, that WHATEVER the disability (in my daughter's case - the dx was a traumatic brain injury), you can't expect an employer to put up with what WE might think is reasonable because we or our loved one has the disabilityf. Now, don't go jumping down my back. I'm just being honest here. While we might think that missing (let's say ) two days every two weeks is perfectly acceptable, IF those missed days start meaning that other employees have to start working overtime or if it means that the company has to hire a temp, etc. than those WOULD be instances where the absences would constitute a hardship on the company. In my daughter's case, missing 1 - 2 afternoons a week for doctor's appts WAS disruptive to the students and DID cause a hardship - no matter how sympathetic I want to be to her situation.

Personally, I believe that most employers want to try to work things out. Let's face it, terminating someone requires the company to hire/train another person and that takes time and money. Employers would rather have a valuable employee do the work from home, or adjust their schedule in other ways, etc. than have to replace the worker but it requires effort on BOTH sides to make it work and work well.
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Surroundedbylove
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Re: need advice on FMLA

Postby Surroundedbylove » Tue Sep 04, 2012 8:58 am

dz wrote:I hate to tell you this but it is you, not your husband that can apply for FMLA. FMLA is for someone to take time off from work to take care of someone who is ill or in need of care (moms take it off to care for their babies).



The above quote is incorrect information. FMLA is for either a personal serious health condition of the employee or for the care of certain listed family members who have a personal serious health condition.
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Lara239
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Re: need advice on FMLA

Postby Lara239 » Tue Sep 04, 2012 10:35 am

Surroundedbylove wrote:
dz wrote:I hate to tell you this but it is you, not your husband that can apply for FMLA. FMLA is for someone to take time off from work to take care of someone who is ill or in need of care (moms take it off to care for their babies).



The above quote is incorrect information. FMLA is for either a personal serious health condition of the employee or for the care of certain listed family members who have a personal serious health condition.


Yes your right , that above quote was wrong. Thanks for the clarification.
wife of DH (age 41) DX 8/3/2012 with 10 cm tumor in decending colon
pre-surgery CEA 4.4, no spread to other organs
8/22 - resection DX stage 3c 9/44 positive nodes
10/3/2012 CEA 1.3
Lynch test negative, tumor IS MSI-H
Folfox 10/3/2012 w/Yance protocol

mm66ny
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Re: need advice on FMLA

Postby mm66ny » Tue Sep 04, 2012 11:06 am

Another source you might consider, for leave and other rights, is a collective bargaining agreement. Does your husband belong to a union? Also, from the language you used--you said your husband's "company," I take it that he does not work for the state or any local government agency? there might be additional rights there as well.

Yeah, the FMLA is helpful (and it's for both the employee's own illness or that of family members), but it doesn't sound like he's vested in that benefit yet because he hasn't worked enough hours. However, if he is a salaried employee (instead of hourly), it is possible that he has accrued more hours than you think. The calculation for how many hours have been worked is according to the FLSA's (Fair Labor Standard Act) definition of work.

Also, someone mentioned that he apply for short term, or long term, disability next time they have open enrollment. Would he even qualify at this point? The disability insurance company takes gambles, but they don't play to lose.

Does Tennessee have state disability insurance? In California we have that, and I used it while I was out, and even when I was able to work part-time depending on how hard chemo hit me.

I also believe employers want to work something out--at least in the beginning.

Michael
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Lara239
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Re: need advice on FMLA

Postby Lara239 » Tue Sep 04, 2012 11:37 am

mm66ny wrote:Another source you might consider, for leave and other rights, is a collective bargaining agreement. Does your husband belong to a union? Also, from the language you used--you said your husband's "company," I take it that he does not work for the state or any local government agency? there might be additional rights there as well.

Yeah, the FMLA is helpful (and it's for both the employee's own illness or that of family members), but it doesn't sound like he's vested in that benefit yet because he hasn't worked enough hours. However, if he is a salaried employee (instead of hourly), it is possible that he has accrued more hours than you think. The calculation for how many hours have been worked is according to the FLSA's (Fair Labor Standard Act) definition of work.

Also, someone mentioned that he apply for short term, or long term, disability next time they have open enrollment. Would he even qualify at this point? The disability insurance company takes gambles, but they don't play to lose.

Does Tennessee have state disability insurance? In California we have that, and I used it while I was out, and even when I was able to work part-time depending on how hard chemo hit me.

I also believe employers want to work something out--at least in the beginning.

Michael


Hey michael. Thanks for all the answers! He definitely has worked enough hours (he is a salaried fulltime employee) and but I believe (unless I am wrong) he also has to work 12 months before he qualifies and his one year anniversary with the company will not be until the end of November (unless they subtract his current month long leave of absence then it would be the end of december....does anybody know about this?). He is also covered by short term disability after a year as well. The only thing that is protecting him right now is the ADA which does not offer a whole lot except for reasonable accomodations. He can work from home though...he can do his full job function from home (they even told him when they first hired him that he was allowed to work from home sometimes if he wanted to although he still goes into the office daily) because all he needs is a phone and a computer .....but when we start chemo, that is what I am worried about. He just needs to make it to the 12 month mark and then he will be protected so I hope his first couple of rounds of chemo are not too hard on him.
wife of DH (age 41) DX 8/3/2012 with 10 cm tumor in decending colon
pre-surgery CEA 4.4, no spread to other organs
8/22 - resection DX stage 3c 9/44 positive nodes
10/3/2012 CEA 1.3
Lynch test negative, tumor IS MSI-H
Folfox 10/3/2012 w/Yance protocol

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Lara239
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Re: need advice on FMLA

Postby Lara239 » Tue Sep 04, 2012 2:52 pm

I finally just called his employer's HR department because I had to ask them about all this paperwork we keep getting from them anyway and how to fill it out. Turns out his leave of absence would not count against his 12 months working for the company and his anniversary day of when he started will be his 12 months and then he will be eligable for FMLA and STD as well. I am relieved because that is only the end of November so we only have two months to wait. whew...hope he can make it through the first couple of chemo treatments okay until we reach that point. I am sure he will be fine..he is a super strong guy and feeling very good at the moment! His recovery has amazed me actually...it is so fast!
:)
wife of DH (age 41) DX 8/3/2012 with 10 cm tumor in decending colon
pre-surgery CEA 4.4, no spread to other organs
8/22 - resection DX stage 3c 9/44 positive nodes
10/3/2012 CEA 1.3
Lynch test negative, tumor IS MSI-H
Folfox 10/3/2012 w/Yance protocol

weisssoccermom
Posts: 5988
Joined: Thu May 10, 2007 2:32 pm
Location: Pacific NW

Re: need advice on FMLA

Postby weisssoccermom » Tue Sep 04, 2012 3:42 pm

Glad to hear it Lara. I think we oftentimes jump to conclusions about our employers. Reality is - they really would prefer to have a good employee back than to cause trouble or raise a stink. Better for them, better for the employee, no retraining, etc.
So glad that that issue is out of the way. Take care.
Jaynee
Dx 6/22/2006 IIA rectal cancer
6 wks rad/Xeloda -finished 9/06
1st attempt transanal excision 11/06
11/17/06 XELOX 1 cycle
5 months Xeloda only Dec '06 - April '07
10+ blood clots, 1 DVT 1/07
transanal excision 4/20/07 path-NO CANCER CELLS!
NED now and forever!
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janklo
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Re: need advice on FMLA

Postby janklo » Tue Sep 04, 2012 3:48 pm

That is good news - it's always good to hear about a good hearted employer! That's one more thing off your plate, nothing to worry about!
Mom to 28 yo daughter
colectomy 2/22/10, stage 3C, signet cell
7/2011 peritoneal mets
HIPEC September 2012, difficult recovery
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