First I'm amazed that your company has disability that pays 100% - the industry standard is 66% and I've never seen a policy that pays more than that. Lucky...wish I had that!

Your HR Director cannot, by law, make it difficult for you. Your company is required (assuming that they are covered under FMLA at all) to have a process, and it should be straightforward and the same for everyone. It generally requires little paperwork from you - the big thing will be your doctor's certification. That's what your company will use to make a determination as to whether you qualify for FMLA leave, and what the disability company (unless your company self-insures) will use to make a decision as to whether you qualify for short-term disability.

You MUST get your doctor to understand that you cannot follow his wish that you go out on leave unless he cooperates with the process.

I find it curious that your doctor wants you to take a leave to "get this under control". Is he/she a specialist in FMS? I've never known or heard of anyone who got their fibro "under control" and then went back to work. Most of us just struggle through or have to quit. I wonder what his plan is for you to get everything under control and improve your life for the better so that you can continue working without getting worse. If he shares anything with you that might help the rest of us, please let us know!

As far as FMLA, I have taken it myself for medical treatments (not for FMS) and so has my partner. I'm not sure how the doctors filled out the paperwork, but I don't think it's that hard to get. FMLA doesn't guarantee you will get paid - just that you won't lose your job.

I believe most short term disability doesn't kick in until you've been out for 30 days, so you might want to double check that as well. We had to use up all vacation time, then all sick time, then go unpaid until the disability went into effect. Once the short term disability ran out, the long term kicked in.

Good luck, and I wish you well! I hope it works for you!!

tonirexx what you're describing is typical of a company that has a full benefit package. Most employers require employees to use their paid leave "concurrent" with FMLA, which means you MUST take your paid leave while on FMLA. That prevents employees from taking 12 weeks of FMLA leave and then coming back and saying "Hey I think I'll take my two weeks of vacation now!" :)

For those who have short- and/or long-term disability there is virtually always an "elimination period" and 30 days is typical although some may be as low as a couple of weeks, and if the employer is self-insured they can do whatever they want. I used to work for one extremely benevolent employer where self-insured short-term disability kicked in after three days (with no medical certification) so that an employee with a bad case of the flu that took them out for a week didn't use up all of their vacation time - but that's not typical.

I agree that most people with FMS won't "get it under control" by taking time off, although I would make a potential exception to that opinion if someone were in an "immersion program" such as that offered by some rehab facilities. If you're one of the lucky ones who has a knowledgeable doctor, and who responds well to the first treatments that you try, maybe...but it's certainly not typical.

lilacs22 you also have rights under ADA if there is some accommodation that could be made to make working less difficult for you. That's something you'd need to work with HR on - they have no obligation to approach you or make any suggestions - it's up to you to initiate that conversation.

In my case, my doctor put me on STD because my pain and fatigue were so bad that I could barely function any longer. I remember him asking me to describe my typical day. It included work (my full time job) and bed. He said that since I was in such poor health that taking time off of work was the best thing, so that it would enable me to reduce stress, let my body get the rest it needed, possibly provide time for me to try physical therapy, or aqua therapy, etc., and just to focus on me and getting to feeling better, if possible. And keep in mind, that this was after monthly appts with my doctor for over a year for the pain and fatigue.

For some people, fibro comes in flares that can come and go. Since I was in a flare that was not going away, it was his thought that by not working and focusing on feeling better, that just possibly I would come out of the flare. That did not happen for me. STD turned into LTD and SSDI, but I am better off now, though the flare continues.

Remember that disability is a benefit. And if you are entitled to it, that is what it is there for. My employer and HR were wonderful and so I did not have to face what you may be, but I remember my doctor telling me that I did not owe my employer any other response except to state: my doctor said it was medically necessary. Which he also provided in writing on a note and then filling out all of the required paperwork.

Best wishes, I hope you get the info and support that you need.