FMLA - HELP! I am in dire need of info

[shelleyanne]

Hi group! Now its time for me and my job and the FMLA. Here is a quick overview of what has happened.

I told my boss I needed to go to my mother before her surgery, she had 4 small heart attacks before the surgery, then cardiac cath, then transfer via ambulance and then the wait for surgery after the cath waiting period. My boss said, you need to look into FMLA so I called HR and the lady who does it was out on vacay. So I did what I had to do in regard to days off. I did not work at all, worried it would cancel the FMLA if I was eligible. Well turns out they want me to have my mothers doc to fill out form stating I am primary caregiver. I am not! I share helping my mom with my sister and other siblings but mostly the 2 of us. But the hospital is considered her primary caregiver NOW and BEFORE. So where does that leave me? I am so worried. I had an operation in Sept and used all my time up. I work at a hospital (17 years now) and maybe I am worried over nothing but I need to know my rights? Anyone out there with some info on how to deal with FMLA?
I cannot lose my job. THANKS SHelleyanne

 

[Ross]

Being a primary caregiver has nothing to do with FMLA as far as I recall. Let me dig a bit.

29 CFR 825.116 - What does it mean that an employee is ``needed to care for'' a family member?



(a) The medical certification provision that an employee is ``needed
to care for'' a family member encompasses both physical and
psychological care. It includes situations where, for example, because
of a serious health condition, the family member is unable to care for
his or her own basic medical, hygienic, or nutritional needs or safety,
or is unable to transport himself or herself to the doctor, etc. The
term also includes providing psychological comfort and reassurance which
would be beneficial to a child, spouse or parent with a serious health
condition who is receiving inpatient or home care.
(b) The term also includes situations where the employee may be
needed to fill in for others who are caring for the family member, or to
make arrangements for changes in care, such as transfer to a nursing
home.
(c) An employee's intermittent leave or a reduced leave schedule
necessary to care for a family member includes not only a situation
where the family member's condition itself is intermittent, but also
where the employee is only needed intermittently--such as where other
care is normally available, or care responsibilities are shared with
another member of the family or a third party.

This link may be of more value to you:

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_825/Subpart_C.htm

As far as I can see on the federal form, there is no where they can even ask that question.

http://www.dol.gov/esa/regs/compliance/whd/fmla/wh380.pdf

 

[shelleyanne]

FMLA info

FMLA info

Ross thanks so much! As soon as I get my ink cartridge in the mail I will print the sections that pertain to my situation. You gave me excellent information! I did search myselft and did not find anything close to what you have shown me *and I thought I knew where to look* Oh my. I am so confused at this point but reading the part about psychologically supporting a family member is extremely important. I dont know why they are making a deal out of this. I can only figure that I was hospitalized in Aug for diverticulosis and had surgery for same in Sept and then 3 weeks off to follow. So I have 5 weeks left of FLMA. I do not believe with all the HIPPA laws that my mothers doctor is going to give to much info and in fact her surgeons are just that and not her PCP or even her cardiologists. Thanks again and I hope to be able to answer many questions with what you sent to me...MOST appreciated!!! Shelleyanne

 

[Ross]

The only info they can legally ask for is that on the FMLA application. That much I do know.

 

[erhebergen]

I'm not a FMLA expert, however, I am a recovering HR Professional. It sounds to me like your HR folks are just trying to get some documentation to make sure this is a legitimate FMLA claim. I wouldn't worry too much out their wording (e.g.primary caregiver), the Doc's usually know how to word these is a way to cover you for leave, and not violate the HIPAA laws. It looks like Ross gave you the info you need at this point, but if you have specific questions, feel free to PM me. Eric

 

[shelleyanne]

thanks eric

thanks eric

I did have a total of 5 working days off last pp out of 10. No one seems to know who is the doc to fill this out of me, she has many of them. I am up again with insomnia. It has been snowing here since 8 last night, its 3 a.m. Lots of snow that I did not hear about. Hmph how can that be? LOL
Stay safe if you are in the NE and even if you are not!