FAmily Medical Leave Act FMLA

[nell (IA)]

  Well, I have been denied FMLA protection for the time I have taken off off due to arthritis.  I am schedule for surgery which will mean 2-3 months off work.

  They cited 825.114(a) (2) (i), saying that (A) was not met...bascically, cause I was not off 3 consecutive days..
 
  Reading the documentation, shouldn't it be under (iii), not (i)

(2) Continuing treatment by a health care provider. A serious health
condition involving continuing treatment by a health care provider
includes any one or more of the following:
    (i) A period of incapacity (i.e., inability to work, attend school
or perform other regular daily activities due to the serious health
condition, treatment therefor, or recovery therefrom) of more than three
consecutive calendar days, and any subsequent treatment or period of
incapacity relating to the same condition, that also involves:
    (A) Treatment two or more times by a health care provider, by a
nurse or physician's assistant under direct supervision of a health care
provider, or by a provider of health care services (e.g., physical
therapist) under orders of, or on referral by, a health care provider;
or
    (B) Treatment by a health care provider on at least one occasion
which results in a regimen of continuing treatment under the supervision
of the health care provider.
    (ii) Any period of incapacity due to pregnancy, or for prenatal
care.
    (iii) Any period of incapacity or treatment for such incapacity due
to a chronic serious health condition. A chronic serious health
condition is one which:
    (A) Requires periodic visits for treatment by a health care
provider, or by a nurse or physician's assistant under direct
supervision of a health care provider;
    (B) Continues over an extended period of time (including recurring
episodes of a single underlying condition); and
    (C) May cause episodic rather than a continuing period of incapacity
(e.g., asthma, diabetes, epilepsy, etc.).


crap, I need this like a hole in the head.... jerks...

[Postaltexan]

Nell, that sucks!

Are they gonna try to discipline you now?

Geez, you better call someone for help..

[nell (IA)]

  I already left a voice mail for the area steward.  I have no idea what waits for me.  Afraid I am gonna have to write a grievance just to get my FMLA.  If they are not forthcoming in realizing they are wrong, I am not afraid to report them as violating FMLA.  ESP. if they discipline me.  The pre-D on sick leave was based on sick leave I took before I had the bone scan and follow up appointment with specialist.  So, I have at least 2 more sick days after being warned...........

[DisGruntled]

Jerks is right.  

File complaints with the Labor Board and the EEOC.  

[Dorothy]

it seems that you would qualify under B iii a & b.....arthritis can be a very cripling disease.   Fight it.   You can and should win.   Take the form back to the doc and have him fill out that you will be required to be out "as necessary".  Geez.  my aunt had to actually quit work because her arthritis got so bad that she couldn't even walk.   Of course she did NOT work for the PO.    She got out of jury duty for it too.    You need to file an appeal and keep it going until you win.   Contact your congressman.  LOL   Maybe he can intervene for you.

[nell (IA)]

  I went to the fair cause I wanted to see the entertainer..Phil Vasaar.  I pulled in for handicapped parking and guy asks me how handicapped I am.  Wanted me to park back further, cause he was worried about people coming in wheelchairs.  Sure hate to have them ride further, make me walk further instead.... I wished I had just went to regualr lot and rode the trolley to the fair gate!

  I have been in counseling thru EAP for a couple weeks due to the treatment I have gotten because of all this.  I was called into the office twice, once for too much sick leave, and once for 2080 (even though the surgery would have me off 2 months).  Counselor says I have anxiety due to the upcoming surgery which has been increased greatly due to stress put on me by my supervisor.  So, yes, I am very upset over what will happen next, because I don't expect any compassion or assistance from management.


  Making the numbers is no excuse to mistreat employees...haha yeah right

[ctrr03]

Nell,   are you on restricted sick time?   Are you required to bring in a doctor's note every time you are off?
If you get called in for discipline, ask your stupidvisor if you are on restricted sick time.   If not, then they are violating your rights to use the time you've earned.   My ex-state steward won a grievance for my brother when he was using sick leave due to being unable to work because he was in the  hospital.   They sent him a letter of removal, yet he had no prior discipline except for being out.    Now for 2 years after this, he was still out a lot, but he had filed FML.    They couldn't touch him and finally helped him to get approved for a disability retirement.   Arthritis is not something to laugh at.  A lot of people are incapacitated due to it.   Make sure you file an appeal and have your doctor fill out paperwork.  There is no such thing as having to be out for 3 days before you can be approved.   It does say that it could be  sporadic.  Thus, you might be out tomorrow and then not again till next week, but need 3 days next week.  You need to contact your congressman for help on fmla, since the po really doesn't understand it.   My stupidvisor always puts down my doctor appts as FMLA, yet I never applied for it.   Also, you should contact the dol and file complaint that the PO is not approving FMLA for a condition that would warrant it's use.

[nell (IA)]

  Well, they said the doctor's office check the wrong choice.  So, they just deny it.  My appointments for the specialist, the bone scan, and the follow up on bone scan were all changed to not FMLA.  There is no notation on the notice of how to appeal, and PM says that's it... I called my area steward and she thought also that we need to get that reversed.

  I was in a Pre-D  about my use of sick leave, most of which was due to my arthritis.  PM says he will not discipline me on thses, but that's not good enough for me.  We all know district is micromanaging like a SOB.

  My surgery is scheduled for 8/11.. should I be delaying that until I get the approval on FMLA????  I also have to get advanced sick leave...

[Underdog]

 I'm coming late to this discussion so I hope you have this mess fixed by now.

 I've been put through FMLA hell so I know a bit about it.

  Section2 says "includes any one or more of the following:" NOT ALL...They are full of postal CRAP! You have an ongoing medical condition..you qualify...PERIOD!

 I had a problem when they mis read what the doctor wrote....they said she said I was not able to work at the PO..what she had said was I was not able to work at the PO WHEN I WAS ON FMLA LEAVE.

 I had to go back and have the documentation rewritten. In the meantime I got a note from the doctor saying that YES I COULD WORK. PM made me stay home. When I grieved it..get THIS ..he said the DATE on the doctors note wasn't visible (I made a copy).

 Understand..I was in the office several times, I live across the street and this PM normally had NO problem calling me at home. I had the original!

 So I ened up with a long weekend by the pool, grieved it and they had to pay me for those days .

 Ok back to you...WHO is denying the FMLA? The reason I ask is that my SS insisted that the PM was the one who approved or denied (yea, it was for stress...and HE was the cause!). There is an FMLA coordinator who approved or denies.

 And BTW...if I were you I would file a SECOND FMLA for the stress tehy've put you through...have the EAP councilor fill out the paperwork.


 WE WORK FOR ASSHOLESSSS

[nell (IA)]

  The FMLA coordinater was the one who denied.  She said the doctor's paperwork was vague.  And I cannot resubmit. Every question I asked her, she just kept giving me the same rehearsed song and dance.  Now I have delayed my surgery, and cannot resubmit any paperwork for FMLA until I have a leave date to tie it to.

[Underdog]

 I don't understand why you can't resubmit it...was there already an appeal or something? They made me go back and have the doctor re do the paperwork and resubmit it.

 That's just fucked up that you have to delay surgery...why do you need a leave date to tie to it?

 Gawd I thought they dragged me thru the muck but THIS is nuts!

 Once you have FMLA it should cover time you've already taken for the condition...I'm not sure if the doctor has to write anything about that.

 ANd I'm serious! Open a second FMLA case for stress!

JERKS!!!!!!

[Underdog]

 And I agree with DisGruntled, file complaints with the Labor Board and the EEOC!!!

[nona]

Hi, I know I'm coming in late on this, but please do not let them bully you...reschedule your surgery, keep trying to contact your steward, and just go whether he denies it or not, always follow doctors orders first. You cannot lose your job because you needed surgery there are laws.. And you may apply to FMLA again, or reapply for the same condition as many times as it takes.  Your union should be helping you.  Good luck to you...

[MLAD]

I get migraines and my postmaster made me do the FMLA route, the paperwork ended up like yours and I had to resubmit it.  It came back aproved under III catagory.