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Old 01-26-2015, 05:05 PM
ERH ERH started this thread
 
Location: Raleigh-Durham, NC
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If you have experience taking FMLA leave to care for an elderly parent undergoing radiation therapy treatment for cancer (or something similar), would you chime in here? My boss is giving me a hard time and is making out like my request is unreasonable. Is it?
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Old 01-26-2015, 05:11 PM
 
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Originally Posted by ERH View Post
If you have experience taking FMLA leave to care for an elderly parent undergoing radiation therapy treatment for cancer (or something similar), would you chime in here? My boss is giving me a hard time and is making out like my request is unreasonable. Is it?
I don't have experience specifically taking FMLA. I did however work with someone who was for 3 years and he was very vocal about the policies in place and I saw first hand what went down. In his case he had a back injury from work and used FMLA in order to come in later from his back routine every morning. They never gave him any trouble and he'd come in 30 minutes to 1:30 later daily. So if you legitimately have filed for it and were approved in order to take your parent to radiation then there should be no difficult in your supervisor giving you trouble. Go to HR and file a claim with FMLA.
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Old 01-26-2015, 05:15 PM
 
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What exactly do you mean your boss is giving you a hard time? About filing the paperwork? Actually taking the time? Scolding you for missing days/being late?

What exactly is happening?
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Old 01-26-2015, 05:19 PM
 
17,815 posts, read 25,651,314 times
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Originally Posted by ERH View Post
If you have experience taking FMLA leave to care for an elderly parent undergoing radiation therapy treatment for cancer (or something similar), would you chime in here? My boss is giving me a hard time and is making out like my request is unreasonable. Is it?
Under the guidelines of FMLA you most certainly qualify. Siblings, parents, child, or a spouse who are in need of help due to a medical situation all fall under FMLA.

If it was your one of your in-laws it wouldn't qualify, but it does in your case.

Sorry you're going through this, but your boss is looking at a lawsuit for your company if he/she continues on this path. You have up to 3 months(which doesn't have to be used all at once) for situations just like this.

And no they cannot fire you for taking FMLA.
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Old 01-26-2015, 05:22 PM
 
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First, find out if you are even qualified for FMLA as this is based on the company size and the amount of hours you have worked for them. If you are qualified, then there is nothing to prevent you from filing paperwork as you are totally within your rights. Sure, your boss might not be happy with the fact that they are going to lose you for a few weeks/months, but they cannot legally do anything about it.
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Old 01-26-2015, 05:37 PM
ERH ERH started this thread
 
Location: Raleigh-Durham, NC
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Originally Posted by yellowbelle View Post
What exactly do you mean your boss is giving you a hard time? About filing the paperwork? Actually taking the time? Scolding you for missing days/being late? What exactly is happening?
Quick summary: Mom has battled lung cancer for three years. She did pretty well through it and didn't require extra care. Cancer metastasized to her brain sometime recently, she began exhibiting stroke-like symptoms, large tumor was discovered and removed Jan 14. Once discharged from the hospital's rehab center, she will undergo a three-week course of radiation treatment.

Mom, dad, and adult brother all live in another state. Parents are in their mid-70s. I took vacation/sick leave to be with mom in the hospital Jan 14-24; today was my first day back. I work for a large organization and have only two days of PTO remaining. According to the HR criteria, I am eligible for FMLA leave. I brought my boss up to speed today on Mom's condition and explained I had no choice but to file for FMLA leave so I could provide care to her during her radiation treatment. I presented boss with the initial request form. I have 15 days to present the healthcare provider certification (already in progress).

My boss doesn't understand why a) my dad can't take care of her, b) my brother can't take care of her, or c) why mom can't deal with it without my help. Dad is retired but has never kept house, learned to cook, clean, etc. It's a steep learning curve for him, but he could do it if there was no other choice. My brother is employed full-time and is taking FMLA from his job now (his boss/organization is a lot more accommodating). I've been told that home health care is covered by Medicare, but mom wants me there, not a stranger. If her doctor signs off, is the company automatically required to approve it or does the info in this last paragraph negate that provider signature in some way?

If I'm being unreasonable in requesting FMLA leave for this purpose, someone set me straight. I was self-employed for 20 years before this job, so have no prior experience.
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Old 01-26-2015, 05:43 PM
 
9,879 posts, read 14,139,423 times
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Originally Posted by ERH View Post
Quick summary: Mom has battled lung cancer for three years. She did pretty well through it and didn't require extra care. Cancer metastasized to her brain sometime recently, she began exhibiting stroke-like symptoms, large tumor was discovered and removed Jan 14. Once discharged from the hospital's rehab center, she will undergo a three-week course of radiation treatment.

Mom, dad, and adult brother all live in another state. Parents are in their mid-70s. I took vacation/sick leave to be with mom in the hospital Jan 14-24; today was my first day back. I work for a large organization and have only two days of PTO remaining. According to the HR criteria, I am eligible for FMLA leave. I brought my boss up to speed today on Mom's condition and explained I had no choice but to file for FMLA leave so I could provide care to her during her radiation treatment. I presented boss with the initial request form. I have 15 days to present the healthcare provider certification (already in progress).

My boss doesn't understand why a) my dad can't take care of her, b) my brother can't take care of her, or c) why mom can't deal with it without my help. Dad is retired but has never kept house, learned to cook, clean, etc. It's a steep learning curve for him, but he could do it if there was no other choice. My brother is employed full-time and is taking FMLA from his job now (his boss/organization is a lot more accommodating). I've been told that home health care is covered by Medicare, but mom wants me there, not a stranger. If her doctor signs off, is the company automatically required to approve it or does the info in this last paragraph negate that provider signature in some way?

If I'm being unreasonable in requesting FMLA leave for this purpose, someone set me straight. I was self-employed for 20 years before this job, so have no prior experience.
Your exact situation is why FMLA is a law. It doesn't matter what your boss doesn't understand..if you qualify, you have the legal right to take the leave with NO repercussions from your employer.

Remember, the legal right means you don't lose your job. Only your company specific policy determines if they will pay you for the time off.
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Old 01-26-2015, 06:57 PM
 
12,109 posts, read 23,296,566 times
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It is none of your bosses business why your mom wants you instead of someone else. It also doesn't matter if someone else is available and willing to help out. As mentioned above, that is why FMLA exists. When my mom way dieing my boss (and HR) was nothing but great. An ******* boss adds nothing but unneeded stress to an already stressful situation. Go to HR and tell them you are getting resistance from your boss. They will set his ass straight pretty quick because they do not want to run afoul of the feds. Since I'm typing while stuff falls out of my brain, your boss does not even have a right to know what is wrong with your mom. All he has a right to know is that you have been approved for FMLA time.
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Old 01-26-2015, 07:05 PM
 
Location: Suburb of Chicago
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We're assuming you work for a company with more than 50 employees, or FMLA does not apply.

ETA: Really sorry to hear about your mom.
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Old 01-26-2015, 07:16 PM
 
13,131 posts, read 21,016,446 times
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When you say "my boss", where in the chain of command is this person? Your boss can complain all they want and that's their right so long as they are not preventing you from filing or using FMLA (if qualified). Your co-workers also have the right to moan and groan because your not at work, but if they are not preventing you from taking FMLA you really have squat of a complaint yourself.
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