FMLA, anyone?

[Deleted]

My husband has been really sick.  He spent 7 days, four of them in ICU, beginning the Saturday before school started.  Since it was a health issue (c. diff) with strict protocols (gloves, gowns, etc.), I let ICU do most of the healthcare.  I went to work and then spent the afternoon/some of the evening with him.  I met my kids for their first three days, and he was released that Friday.  I warned them that I was taking off Monday and Tuesday to make sure he was settled and able to take care of himself.

It didn't work out as expected.  As I was headed out the door for work on Wednesday, he told me that he was so weak that he couldn't stand up.  He was scared he would pass out.  So we went to the ER.  They admitted him where they discovered his blood volume was so low that they couldn't even fill the vials for testing.  It turned out that he had a bleeding ulcer.  I ended up taking the entire week off with him.  They still aren't sure that there isn't more internal bleeding.

They aren't going to release him until Sunday or maybe Monday.  The doctor said he wouldn't be able to be left alone for at least a few days.  So I'm taking off next week as well.  I've been panicked about this, but not for the reasons that DH thinks.  He thinks I am scared of losing my job.  I'm not.  I'm scared of not being able to do my job.  I honestly crunched numbers to see if I could just retire.  Not yet because of, ironically, health insurance.

Anyway, DH told the doctor.  The doctor said I needed to file for FMLA and make it intermittent.  He would take care of the medical part.  

Has anyone done this?  Is it worth the trouble for something that is intermittent?  As long as I don't miss ten consecutive days (I will but that requires a separate request for a leave of absence, FMLA or not), I can take intermittent days.  Conceivably, it shows that the absences are necessary and outside my control.  But I'm not worried about losing my job.

Thoughts?  By the way, I got a friend who is a retired English teacher to cover next week.  She is going to really teach, for which I am grateful.  Most don't.

[TheOtherMe]

I don't but I wish you and DH all the best.

I'm sure somebody here has some answers for you.  My sister had FMLA approved for intermittent when mom was sick.  She is also a teacher.

[giramomma]

I'm sorry your husband has been so sick.

I also don't have any experience with FMLA.

But, given the unpredictability of your situation, I might go ahead and fill out the paperwork now and have it in place, just in case. Especially if there's no harm in having the paperwork in place and not using it.

[Rukh O'Rorke]

No knowledge on fmla but best wishes to you both.

[The Walk of the Penguin Mich]

Yes.  When I had most of my surgeries, I filed with intermittent FMLA.  I would work as I could.  So this meant that the first week after surgery, I did nothing.  But as I healed, I did more as I felt up to it.  That meant some days I was working all day, other days nada, or only a few hours.  For me, it meant that I got a chance to catch up on writing, data analysis, data crunching/stats or putting presentations together.  I'm not sure how it would work for teaching.

FMLA will protect your job.

[ners]

Hope your husband heels quickly.

I would file the paperwork.  Your HR department may require the paperwork be filed.  I have to let HR know whenever someone takes 3 or more personal days in a row.  

FMLA is to set up to protect the employee.

[Tiny]

FMLA (even intermittent) is set up to protect you. It's a benefit. Use it.

I'm not sure but you may need to have an "end date" on the intermittent part I don't think employers like open ended kinds of agreements (and nor should they). Be generous with a far out end date. You don't have to use the time because you requested it.

[Knee Deep in Water Chloe]

Yes, it's worth it. It protects you. It allows you to use your sick leave without protest from the district. Promise!

[Anne_in_VA]

When I had a bad bout of bronchitis with complications, I filed for intermittant FMLA and used it for almost 3 months..  Like mich I worked as much as I  was able during that time.  Some days I was too sick to do anything but stay in bed, but some days I worked a few hours.  It was kind of a pain to document for HR and payroll, but my company and manager were very supportive. 

[Deleted]

Glad people could offer help. Hoping you and husband have better results soon.

[Deleted]

Thanks, everyone!  I think I am going to file for it.  My only doubt is that DH could have a worse health crisis.  I would hate to lock myself out.  Is there a limit to how many months have to be between filing?

I can retire in February 2019 without worrying about health insurance.  I want to make it to May 2019.  DH is typically healthier in the spring.  I don't know what it is, but we have had a major health crisis for him every fall for the last five years.  It is really odd.

[quince]

I don't think there are filing limitations- just limitations to actual days taken.

[Pants]

Aug 18, 2017 18:46:38 GMT -5 @bamafan1954 said:

Thanks, everyone!  I think I am going to file for it.  My only doubt is that DH could have a worse health crisis.  I would hate to lock myself out.  Is there a limit to how many months have to be between filing?

I can retire in February 2019 without worrying about health insurance.  I want to make it to May 2019.  DH is typically healthier in the spring.  I don't know what it is, but we have had a major health crisis for him every fall for the last five years.  It is really odd.

You can call your HR to ask about lockout. FMLA protects your job for up to 90 days of leave in a 12 month period. I had to file for it last year with my daughters illness. Your HR will tell you if you need to report in a specific way - I had to file differently than regular PTO. 

I would assume sure that if he had a different crisis, you would simply update the claim with the new information. If you had closed the claim, you would open a new one. 

Im sorry about your DH. as far as I'm concerned, August can go suck it. This year my dad had pulmonary emboli and we had to go evacuate him from Colorado. Now, only a couple weeks later, my father-in-law is in ICU and today we had him certified for hospice. Last year my DD had guillain-barre starting in august and was hospitalized for 2 months. Two years before that, my brother had a suspected brain tumor. The year before that my husband had meningitis. All in August. Fuck august, man.

[dee27]

I hope DH gets better every day. 

[azucena]

I've used it intermittently a handful of times when DH had ulcerative colitis and kept having to be hospitalized and then have surgery. I would work as I could but knowing I could take off for appts and days when he was not well enough to be alone was a blessing. Folks have given good answers. I will add that I think it's up to 12 weeks in a rolling 12 month period but please double check me on that. Your husband's dr will have to fill out the paperwork and dr will specify end date. The date can be extended as needed.

[Deleted]

Yes, get the paperwork filled out.  Then every time you need a day off here or there for something with DH it gets flagged as FMLA and can't be used against you.  You can use 12 weeks in a 12 month period and I think it's rolling because I worked with a guy that was getting it for two years.   I'm assuming you have to reapply once the 12 months is up.

The only times I ever used it was for maternity leave and I took it all in one block.

[JustLurkin]

Aug 18, 2017 18:46:38 GMT -5 @bamafan1954 said:

Thanks, everyone!  I think I am going to file for it.  My only doubt is that DH could have a worse health crisis.  I would hate to lock myself out.  Is there a limit to how many months have to be between filing?

Eligible employees are entitled to: Twelve workweeks of leave in a 12-month period <snip>

Also:

... you must have worked for the employer for at least 1250 hours in the 12 months before you take leave. That works out to an
average of about 24 hours per week over the course of a year.

www.dol.gov/whd/fmla/employeeguide.pdf


I have FMLA paperwork in place for my son's autism and any related illness...I've never needed to 'invoke' it, which at my company is basically a different code used for leave.  I just like to have it available in case I ever get an asshat for a supervisor who would gun for me for some reason--then I would have some sort of job protection in place, but I don't even use leave enough for it to concern me at this point.  Once, I had the application rejected because the doctor listed 'lifetime' for duration and it's not supposed to be on FMLA paperwork, you are supposed to have an illness end date.  The irony in the rejection was I hadnt asked for FMLA, HR had contacted me and asked me to do the paperwork (after I asked if I should use sick leave or vacation for his guardianship hearing)...then rejected it.    I appealed the decision and requested they recommend a doctor who would be able to provide an end date; I never got the formal response, the option just started appearing on my timesheets.

[Knee Deep in Water Chloe]

I have a bit more time to write now. I used five years ago when my husband was diagnosed with cancer. The hospital where he had his surgery filled out the medical provider portion. I took single days off to join him for pre-op and post-op appointments. I took ten consecutive days off when he had his surgery. I don't think my employer would have needed anything but a regular doctor's note in the sense of being allowed to use my sick days. However, the FMLA protected me from somebody being a stickler for and protects them if anyone complains "Chloe isn't sick yet she's not showing up for work."

[Cookies Galore]

I used FMLA when I had my hip surgery in February. I took off six days for surgery and recovery, then I worked from home for four weeks. I "returned," aka, had my network access restored for working from home, the HR rep emailed me and let me know that if I was not feeling great (I had a femoroplasty and microfracture) to let her know and whatever hours I didn't work then she would apply FMLA.

Good luck to your husband!

[Wisconsin Beth]

Aug 18, 2017 18:57:54 GMT -5 quince said:

I don't think there are filing limitations- just limitations to actual days taken.

yrs, my understanding is that you can have multiple different fmla cases open but you have the 12 weeks total of time to split among all the cases. If that makes sense.

My sister is using intermittent fmla with her fil. She passes a lot of it back to her husband and his brothers but using fmla allows her to tap into her sick leave balance instead of her vacation time.

[teen persuasion]

The only experience I have with FMLA is thru my sister.  When her son was in the ICU in a medically induced coma, she filed FMLA. After her son was back home and recovered, she returned to work.  Later they fired her, not for taking time off, but officially because she didn't meet her monthly quotas.

It wasn't worth fighting over, because she soon received a much better job offer (she'd applied before her son's illness), but there are nasty employers out there that will try to find loopholes.

[raeoflyte]

Sorry about your dh and I hope he recovers soon.  

[hoops902]

If you had a 100% guarantee that your job was safe...it wouldn't mean anything really to get the FMLA. That said...jobs which are very safe often because far less safe when people start taking lots of time off without notice.

Also understand that needing a "separate leave of absence, FMLA or not" may not actually apply if you have FMLA (in that you probably don't need to file for that, FMLA is going to override a "policy"). FMLA protects you. It protects you in a way that you're basically saying you don't really need, but with a sick spouse I'd be doubling up on that protection by getting it put in place. It's not particularly difficult or time-consuming to file, so no real harm in getting it documented just in case. 

[lund]

First, and most important, I hope that your DH's health will improve and stay better!

Then, please file the papers in order to have them if your DH falls ill again. Your being a good and loving wife should not be punished by getting your employment jeopardized, and it probably will mean less stress for you having the papers done when you are not in "crisis mode".
And if your DH has health problems with "regular" severe crises, there is an increased risk of needing those papers.


Please also check the employee handbook to see how/if FMLA time is counted for your pension, in order to be able to adjust the retirement date if needed.

(You wrote that health insurance is a main factor for your retirement, but how the pension is calculated might be good to know - for instance  if used FMLA is counted as a period of employment with 0 in pay and pension contributions. Pensions seem to often be based on an average of the last three years or the best three years, and number of years of course also play a large part, which may mitigate a lower last three if you work longer than originally intended...)