Medical Absences And FMLA

[tactac]

I live in Michigan. I have a chronic illness, I called my work and told them I would be off and indicated my leave is due to other. Other is how my work wants you to call if you want a FMLA. I did not have an FMLA open yet. But since I notified them should'nt I still be granted the FMLA? My work said no and disciplined me. Are they correct?

[Betty3]

First, let's verify if you qualify for FMLA.
have you worked for your employer for at least 12 mos. (do not have to be consecutive),
had you worked at least 1250 hrs. for your employer in the 12 mos. immediately preceding the leave,
do you work at a location with 50 or more employees within a 75-mile radius,
do you have a serious health condition as defined by the FMLA statute - do you mind my asking what your chronic health condition is?

I not sure what you meant by you didn't have a FMLA open yet. Why did they discipline you (for taking time off?) - how did they discipline you? Did you not meet the requirements for FMLA?

[Betty3]

In the last paragraph above I meant to say I'm not sure, not I not sure (before the grammar police come along)

[cbg]

If you had not previously applied for FMLA and had it granted for that condition, then they do not have to just automatically grant it because you use the code word when you call in.

If you have a condition that you believe qualifies for FMLA, the correct way to handle it is to notify your employer and ask for the appropriate paperwork. Then you have the paperwork completed by your doctor and submit it. When you handle it that way, the employer has to at least tentatively grant the FMLA leave, at least until they have some evidence that the condition does not qualify (or until you fail to return the paperwork within 15 days).

[Betty3]

Agree - either they didn't qualify for FMLA or they handled the request to take FMLA leave incorrectly.

[tactac]

to answer your question I'm diabetic. My situation does qualify for FMLA and the handbook I received states this: Unforeseeable Leave, When your need for leave is totally unforeseeable, such as an unexpected illness or injury, it is obviously impossible to provide notification in advance. Instead, you are required to give verbal or other notice of the qualifying reason for your absence "as soon as practicable"-i.e., within one or two working days after you become aware of the seriousness of the condition. Notice may be given in person, in writing, by telephone, or by fax machine. In the event of a brief absence (e.g., a day) FMLA notice may be submitted when you return to work. What to tell your employer. When you call in or give other notice of an unexpected medical absence, you do not have to mention the FMLA by name, althought it is fine to do sol Your most important duty is to alert your employer that you are unable to work because of a serious health condition. By me calling in and selecting the choice for FMLA (other) should'nt my absent day be covered and not awol.

[cbg]

You're still misunderstanding.

You're essentially saying that you should be able to sit on the knowledge that you have a FMLA related condition until the first time you need it; then, and only then, call the employer, essentially say, "I'm taking a FMLA day" and that the employer would then be required to give you a protected day off.

The FMLA statute specifically states that whenever possible, you should give 30 days notice of the need for FMLA. While I grant you that you can't know in advance, with an intermittant situation, exactly what days you will need, you knew more than 30 days in advance that eventually you were going to need to take time off under the statute.

So why did you wait?

And you didn't answer Betty's questions about the eligibility requirements.

[tactac]

Sorry, and I do appreciate your help and patience. So I thank you both. Ok Yes I have more than 12 months, been employed by this company for approx. 10 yrs. Yes I have more than 1250 hours. There is more than 700 people employed here and the vast majority is locals myself included, a kind estamate I would say more than half live within 75 miles. As I mentioned I'm diabetic. Yes I was disciplined because I missed 1 day due to my illness.--cbg the reason I waited is because my illness really has not affected my work record. Usually my blood sugar will go up and cause a problem maybe once or twice a year and I have been covering the days with my paid vacation time. But this year I was forced to use my vacation time and could not cover this incident. My employer gives us 2 Family days which I still have but, I have to give 48 hour advance notice on them. This is why I waited. I hope i've answered all questions, if not please inform me. If the company is correct i'm not bitter, I just thought I did what I was supposed to do. Again thank you both for your time and help.

[cbg]

From what I can see the company is correct. I've already outlined what you should have done.

[tactac]

Thank you both so much for your help, and I have taken your advice and now have an open FMLA. This will be my last post and I greatly appreciate the both of you, for your time and patience. May you both be blessed and take care.