FMLA vent

[losergrl75 277]

Has anyone else had problems with their FMLA request? I am more than a little frustrated today. My surgery is scheduled for Jan 14th and I submitted my FMLA paperwork on November 30th , as soon as I received a date. I hadn't heard anything from my HR yet so I finally emailed them yesterday and they are now saying my surgeon did not give them enough information because he only certified that I am having surgery and the dates I need to be off of work for the surgery. They state he must tell them the exact surgery I am having and my medical diagnosis. So now I am going to have to scramble and get an updated form from my doctor's office. I also don't feel it should be any of their business to get an exact diagnosis or surgery. My MD is certifying on the form that it is a serious medical condition with treatment, that should be enough! Did anyone else have issues getting their FMLA approved?

[queencity 62]

No problems with me FMLA request, but i do believe it had the kind of surgery i was having. Which HR is not to disclose your information to anyone.

[losergrl75 277]

There isn't anyway they can try to deny it based on the type of surgery , can they? I just was worried they might try to say this is an elective surgery , after I've put an entire year's worth of work getting it approved by my insurance.

[queencity 62]

Obesity is a disease, they cannot deny the surgery if the surgeons believes its necessary so that you can become healthy and not die from diabetes, high blood pressure, ect.

[AvaFern 3,516]

Bariatric surgery is covered under FMLA. I'm surprised they demanded to know the type of surgery, but they are required by HIPAA to keep the information confidential. If anyone else at work finds out, you could likely sue them and then have quite a lot of paid leave, lol.

[losergrl75 277]

Thanks all, that makes me feel a lot better!

[ocgirl15 667]

Former HR person and they do need that information but are required to keep confidential.

[dhrguru 1,238]

Has anyone else had problems with their FMLA request? I am more than a little frustrated today. My surgery is scheduled for Jan 14th and I submitted my FMLA paperwork on November 30th , as soon as I received a date. I hadn't heard anything from my HR yet so I finally emailed them yesterday and they are now saying my surgeon did not give them enough information because he only certified that I am having surgery and the dates I need to be off of work for the surgery. They state he must tell them the exact surgery I am having and my medical diagnosis. So now I am going to have to scramble and get an updated form from my doctor's office. I also don't feel it should be any of their business to get an exact diagnosis or surgery. My MD is certifying on the form that it is a serious medical condition with treatment, that should be enough! Did anyone else have issues getting their FMLA approved?

I'm an HR Manager. Theoretically they could approve your fmla without the details....surgery is major, generally precipitated by a serious health condition. I would have approved provisionally until you submitted updated paperwork. They should have the details though, it will protect them in the long run though to show they are applying rules consistently.

[losergrl75 277]

Thank you all for your replies and help. This is the first time I've been off for longer than a day or two for anything medical, so I've never needed to apply for FMLA. I'm also on my preop diet which has me on edge lol

[IrishGermanRN 151]

I didnt even think I could go this route. I was planning on using my limited vacation pay that was left. Thank you for this thread. Going to look into this tomorrow with my HR. I was going to go back to work after 6 days.

Edited January 6, 2016 by IrishGermanRN

[IrishGermanRN 151]

I was just told I need to file a disability claim first. If that is denied it would then go to FMLA

Have you heard of this?

[losergrl75 277]

Maybe one of the HR folks can chime in. I was told FMLA is to protect your job in the event you need a medical leave but it is completely separate from pay. I will be using my sick/vacation time for pay.

[IrishGermanRN 151]

I was going to use my sick/vacation pay as well but really don't want to use it all for recovery if not needed. Disability insurance requires I use vacation/pto the first week and then disability kicks in. My guess is if I'm denied disability I fall to FMLA which I would prefer.

[Sharon1964 2,530]

I was going to use my sick/vacation pay as well but really don't want to use it all for recovery if not needed. Disability insurance requires I use vacation/pto the first week and then disability kicks in. My guess is if I'm denied disability I fall to FMLA which I would prefer.

FMLA isn't payment.

Under FMLA, generally (but not always), you use up all your paid time off then you can take unpaid time off if you need it.

Some disability plans, such as yours, requires one week of paid time off.

If you are denied disability, then you would continue using your paid time off.

FMLA is just protecting your job.

[IrishGermanRN 151]

I'm actually not looking to use my pto or payment. I would prefer to save it and use FMLA. I didn't hear I had to use all my pto first before Fmla. Good question to ask.

Edited January 9, 2016 by IrishGermanRN