Need the scoop...how does FMLA work?

[kordie 41]

I am planning on just taking PTO while I am off but my surgeon's office says to get my FMLA paperwork together and turn it in before surgery. I know what FMLA stands for but at what point does it kick in? Should I be using that instead of my PTO or does it not matter? Thanks.

[Bryn910 519]

4 hours ago, kordie said:

I am planning on just taking PTO while I am off but my surgeon's office says to get my FMLA paperwork together and turn it in before surgery. I know what FMLA stands for but at what point does it kick in? Should I be using that instead of my PTO or does it not matter? Thanks.

FMLA paperwork just holds your job while you are away from work. You will still continue to use your PTO, but if anything were to happen (complications & you needed to be out longer), the FMLA will hold your job for up to 12 weeks I believe.

your doctor should be lenient in the days that you will be away from work in the FMLA paperwork so that it protects him/her & you. So for example, my doctor put me out at 6 weeks when I am only taking 3. Your job should give you a return to work form that your doctor/office can fill out/sign on your post-op appointments saying it’s medically ok for you to return to work & any restrictions you may have ( light duty, more breaks etc). With the date of return listed

FMLA’s can also be adjusted (from what I remember) if your condition changes, meaning if you get complications fr surgery & you’re dealing with another issue and need to be out longer, but only the date(s) will change on the FMLA paperwork, not the 12 week period in which they will hold your job. I believe you’re only allowed one use of FMLA a year but the time can be divided; for instance, if you take June-July off and then November of the same year.

I would make sure you run everything by your HR Director and get your companies policies in your hand and keep a copy for yourself.

[elforman 234]

7 hours ago, Bryn910 said:

FMLA paperwork just holds your job while you are away from work. You will still continue to use your PTO, but if anything were to happen (complications & you needed to be out longer), the FMLA will hold your job for up to 12 weeks I believe.

your doctor should be lenient in the days that you will be away from work in the FMLA paperwork so that it protects him/her & you. So for example, my doctor put me out at 6 weeks when I am only taking 3. Your job should give you a return to work form that your doctor/office can fill out/sign on your post-op appointments saying it’s medically ok for you to return to work & any restrictions you may have ( light duty, more breaks etc). With the date of return listed

FMLA’s can also be adjusted (from what I remember) if your condition changes, meaning if you get complications fr surgery & you’re dealing with another issue and need to be out longer, but only the date(s) will change on the FMLA paperwork, not the 12 week period in which they will hold your job. I believe you’re only allowed one use of FMLA a year but the time can be divided; for instance, if you take June-July off and then November of the same year.

I would make sure you run everything by your HR Director and get your companies policies in your hand and keep a copy for yourself.

Something important to add to this:

FMLA will only apply if the company you work for has 50 or more employees. If the company has less than 50 employees FMLA will not apply and they are not required to hold your job for you when you are ready to return to work.

[AtlantaRed 651]

At my job, you have to use 1 week of PTO first and then FMLA can be used. I thought FMLA only held your job, but both of my charge nurses said if you use it for yourself, you get paid and if you use it to care for a family member then it just holds your job.

[elforman 234]

37 minutes ago, AtlantaRed said:

At my job, you have to use 1 week of PTO first and then FMLA can be used. I thought FMLA only held your job, but both of my charge nurses said if you use it for yourself, you get paid and if you use it to care for a family member then it just holds your job.

You are confusing FMLA with disability. In most cases, if you go on disability you're usually also required to file FMLA paperwork. The six day rule you're referring to is how long it takes for disability to kick in. Disability only starts paying on the seventh day you miss from work, so you can use any sick or vacation time you have saved up to cover those six days.

However, FMLA leave is unpaid. For example, I filed for FMLA coverage because I had to take time off to take care of my wife while she's recovering from surgery. This allows me to take time off from work to take care of her as needed, and i can either go unpaid or use up any saved vacation time if I so choose.

Here's a link that should help explain things: https://www.dol.gov/whd/fmla/employeeguide.pdf

Edited May 8, 2018 by elforman

[AtlantaRed 651]

I'm not referring to a 6 day rule. I work a 3 day work week. So I need to use 3 days of PTO first. All i know is several people at my job have had the surgery so along with my 2 charge nurses, one of whom has worked thete 20 years, I've also spoken to the people who actually went through it.

Edited May 8, 2018 by AtlantaRed