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2 Online
2 Online

FMLA with fibromyalgia

Has anyone else had any problems getting on FMLA at work? My doctor filled out my paperwork and put down she wanted me to take intermittent leave. The employer is insisting on the probable duration of the condition. Also, they want to obtain a second opinion. SO frusterating!

Replies

deleted_user
deleted_user

If your doctor signs the FMLA paperwork, then there is nothing your employer can do....ticks me off! Your pain dr and your pcp will be 2 dr's. Will that work? Your employer can NOT pick out the second opinion. Take care and hugs, Eva
deleted_user
deleted_user

The duration of Fibro is a lifetime. I didn't know they could legally request a second opinion. What kinda crap is that ? I have FMLA. Check the laws.
deleted_user
deleted_user

I went on the FMLA with my previous employer. I do not think they can demand a second opinion. Once the doctor states that you need the leave, I believe, that is all that is required.

I ended up taking a year off and never going back to that job. However, I got the proper treatment, moved to a small town where I don't have to spend 4 hours on the freeway everyday, and now I am able to work full-time again.
deleted_user
deleted_user

One more thing I wanted to add--If they are allowed to know the "duration" and you don't feel you have you medications and other treatments sorted out yet, perhaps you could have your physician write a letter stating something to the effect that Fibro is life long, however, the patient is only on temporary leave until we get the proper treatment worked out. This is a process that sometimes takes a few monts. (or something of that sort). If I remember right, this is what my doctor did for me, except she stated it in a better way.
deleted_user
deleted_user

I got a letter in the mail from HR to go on FMLA, as "it would save my job" to make a long story short. I felt obligated to my jiob and took two full weeks and then oart time, but...... Two weeks after I came back full time, they fired me after 26 years of hard work and dedication. FMLA did not want to interfere. So I am still suffering from it.
deleted_user
deleted_user

I was on FMLA for Fibromyalgia for a short time. I then decided to just cut my hours down to part time (20 hours a week) and my boss agreed to it. This is easier for me because it doesn't involve paperwork etc.

I don't know the fmla law 100%, but I am pretty sure that an employer can say something about taking too much fmla if it disrupts their business needs. I remember reading that somewhere.

I suggest talking to human resources directly.
deleted_user
deleted_user

I just found it..... an employer does have a right to ask for a second or third opinion....... here it is:

"Employers may require that an employees request for leave due to a serious health condition affecting the employee or a covered family member be supported by a certification from a health care provider. An employer may require second or third medical opinions (at the employer's expense) and periodic recertification of a serious health condition. An employer may use a health care provider, a human resource professional, a leave administrator, or a management official but not the employees direct supervisor to authenticate or clarify a medical certification of a serious health condition. An employer may have a uniformly-applied policy requiring employees returning from leave for their own serious health condition to submit a certification that they are able to resume work. If reasonable safety concerns exist, an employer may, under certain circumstances, require such a certification for employees returning from intermittent FMLA leave. Employers may use the optional forms WH-380-E and WH-380-F prepared by the U.S. Department of Labor for obtaining medical certifications of serious health conditions." from http://www.dol.gov/whd/regs/compliance/whdfs28.htm
deleted_user
deleted_user

What does FMLA stand for, please?
deleted_user
deleted_user

FMLA stands for

Family and Medical Leave Act

Here is the link that explains it:
http://www.dol.gov/dol/topic/benefits-leave/fmla.htm
deleted_user
deleted_user

Thank you.
deleted_user
deleted_user

Tthe employer is not suppose to say whether it is intermittent leave or full family medical leave. The physician is suppose to mark that box.

I have been off from work since, Thursday, May 6, 2010 on FMLA. The organization that I am employed by has STD up to 26 weeks. The STD has superceeded the FMLA approved time. After 26 weeks, if the physician determines that I am not able to return then LTD begins.

FAMILY MEDICAL LEAVE is the right of the employee. The employer's job is just to track the time and support the employee while the/she is out. DO NOT et an employer dictate the time you need for your fibromyalgia illness. That is decided by your physician and you.

Hope this helps.
deleted_user
deleted_user

Thank you SO much for all of your comments. It just seems that they are going to make it as hard for me as possible...it's not like I am gonna be paid for the time taking off and its just if I have a really bad flare.....I am not gonna take off weeks or even a week at a time.
We go through alot each day and its just sad that we have people that make it that much worse for us. HUGS to everyone!!
deleted_user
deleted_user

Familiy Medical Leave Act
deleted_user
deleted_user

Last month i went on leave. I got a letter from the leave and disability unit stating i am not eligable for fmla protection and to return to work within 3 days or recieving the letter or they had the right to terminate my job. I talked to hr and what not and i was plannin on going back in a week or so, i had alot going on medicaly and had a million doc appointments. Hr finally said come back right now or your done, i could not go back so they said ba bye to me. I know they were just doing there job, but they were cold, uncaring and it just sucks. I know i did not work there long enough for fmla but surly they could have gave me a few more days with a doc note??? I however aproved for short term disability checks (this is seperate then the leave). While i was let go, i still qualify for disability pay. Thank god, it basicly pays for cobra and copays with not much left. Trying to get unemployment to pay rent. It sucks because i am hesitate to get a new job because i still dont have my meds right, and im so shaky and twitching id be scared to even pass an interview?

This fmla leave is a good protection, if you qualify. If not well i guess we are just screwed, and GA is an at-will state. So we can get fired just because the sky is blue.
deleted_user
deleted_user

oh and that sucks that they can ask for a second opinion. I hope your doc helps u through the process and advocates for you.