Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
what are some reasons for FMLA that they absolutely cannot deny and at the same time doesn't require any documents as proof? I just want to know because I'm going to fill it out so I can take off for 1 month, why? because I have chronic constipation and it's interfering the job, I had to use a lot of vacation time just so I can go home and take medication that will cause diaherria and this can last up to even an entire day of unpredictable times it can happen but if I put that on the FMLA with a doctor approving it and it's denied I need another reason, 2 reasons just in case the first one failed, so it can't be denied. I have to push so hard to the point where I sometimes even see black, it gets clear and then I see stars and sometimes even my head shakes and also feel a little pain around my heart and I have high blood pressure, also they found something on the MRI in my brain like something related to hemorrhage but will go to the doctor so he can explain the test results. Base on what I described do you think I would be eligible for disability? it's a medical condition that is also affecting my high blood pressure which affects my kidneys, I have kidney disease so it's doing unnecessary damage to it plus the possibility of bleeding in the brain, btw, chronic constipation is getting me close to getting fired since I used almost all of it, I'm tired of using my personal time for this
You need to show the documentation, the doctor's diagnosis and such. Just taking your word for it ain't going to fly...
and for what reasons can someone take a personal leave that won't require any documentation, I might use that instead of the doctor's reason why since I don't want the manager to know about why I'm taking a personal leave since it's embarrassing, for some freaking reason every time someone does somehow the supervisors find out and tell other people the reason why a certain person isn't there, that doesn't make sense, are they required to tell other employees? can they be sued for that? (not thinking of suing, just wondering if it's legal)
Why would a manager see your medical documentation? Don't you have HR or a Disability Department where you work?
No way do we tell the other employees why someone is on FMLA (if the employee happens to share it with us). That would be so unprofessional and not required by any business need.
When an employee seeks leave for the first time for a FMLA-qualifying reason, the employee need not expressly
assert rights under the FMLA or even mention the FMLA. When an employee seeks leave due to a FMLA-qualifying
reason, for which the employer has previously provided FMLA-protected leave, the employee must
specifically reference the qualifying reason for leave or the need for FMLA leave.
In all cases, the employer should inquire further of the employee if it is necessary to have more information
about whether FMLA leave is being sought by the employee, and obtain the necessary details of the leave to be
taken. In the case of medical conditions, the employer may find it necessary to inquire further to determine
if the leave is because of a serious health condition and may request medical certification to support the need
for such leave. See §825.305.
An employer may also request certification to support the need for leave for a qualifying exigency or for military
caregiver leave. See §§825.309, 825.310).
Failure to respond to reasonable employer inquiries regarding the leave request may result in denial
of FMLA protection if the employer is unable to determine whether the leave is FMLA-qualifying.
To get FMLA, part of the process is having the form filled out by a doctor and having them sign it. As far as I know, it is impossible to get FMLA without seeing a doctor and getting them to fill the forms out.
Also, not all companies even have to offer FMLA, e.g. some smaller companies. So make sure your company is required to offer it before you go to the trouble of asking for it. Some companies offer general unpaid personal leave, but I have to imagine they're going to ask what you're taking the leave for.
Lastly, a word of warning...some employers are pretty understanding about FMLA...others will treat you like a pariah and it can affect your career there...they may also try to interfere with/complain about you taking your legally allowed FMLA time, etc etc. I've heard a variety of stories from employees at a variety of places and it just really depends on the company and the location.
In some cases, general employer intransigence and generally "making things difficult" does succeed in getting employees to just quit. Although a larger company is generally going to be smarter about complying with the law, that is not always the case.
Many companies will make you use your vacation time for FMLA occurrences (until you run out of vacation time), after which time your FMLA days would of course be unpaid. Some companies though that have LTD/STD insurance, may let you go on disability if you are going to be gone for more than a week or two in which case you would get whatever the disability payout is for that time. That might be your best bet if you're going to be out for an extended period of time due to medical issues.
Last edited by ScottsdaleMark; 07-05-2016 at 07:52 AM..
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
44,585 posts, read 81,260,275 times
Reputation: 57826
I have had several people on FMLA in the last few years. You will still have to use PTO, or leave without pay. FMLA only guarantees that you will have a job when you return, it does not pay you for that time off. Any chronic condition that affects your ability to work would be considered eligible as long as the doctor writes it up. The law prevents your supervisor/other employees from being told what your condition is, they will only be told the restrictions of your work schedule. Only HR would have the doctor's form.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
