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| *Ostroff, Fair and Company>>>Law & Legal |
Family Medical Leave Act? |
I'm very stressed at work and would like to know valid reasons that could get me approved for FMLA. Generally, FMLA wouldn't be appropriate for a medical diagnosis of exhaustion. It can be, but it's usually reserved for much more serious ailments that require extensive care for either yourself and/or a member of your immediate family. I would recommend using your Short-Term Disability program, if your company has a Short-term Disability (up to 3 months of semi-paid leave because you don't receive full pay during the time you're off) program. It is normally automatic thing; beginning when you submit your medical leave to your supervisor and/or HR. In the instance I'm familiar with, the doctor completed a medical leave form for the patient/employee, requesting an extended medical leave (exhaustion is a valid stress-related illness--ha). The employee submitted the form to her supervisor, who in turn forwarded it to HR. The short-term leave kicked in pretty automatically, esp. since she had already exhausted (ha!) her annual vacation AND her allotted sick time accruals. If not, then those would have been utilized first, then for anything beyond, her Short-Term Disability kicked in and took care of the remaining time she was out of the office, up to about 3 months. Anything after 3 months, would convert to Long-Term Disability, and that is a much more complicated process, because it involves an insurance company verifying your illness for additional approval for extended time off. Check with your HR department, or simply refer to your employee manual, to see what the terms and conditions of your Short-Term Disability programs are, since I'm sort of movie-trailer'ing it. Good luck and take care. Applicable reasons: -for the birth and care of the newborn child of the employee; -for placement with the employee of a son or daughter for adoption or foster care; -to care for an immediate family member (spouse, child, or parent) with a serious health condition; or -to take medical leave when the employee is unable to work because of a serious health condition. All the information can be found here: http://www.dol.gov/esa/regs/compliance/w... You or an immediate family member would have to hospitalized for at least one night and even then it's subject to approval by HR. See link. Ask your employer for the proper forms to have on hand in case you decide to use it. They should have the forms on hand - your doctor will not. http://www.dol.gov/esa/whd/fmla/... Go here for official info: http://www.dol.gov/esa/whd/fmla/... And be aware that FMLA is not paid leave. It's just that Uncle Sam says the employer has to allow you non-paid leave, without losing your job, for up to a certain amount of time for certain medical reasons. birth of a child adoption of legal guardianship of a child employee's own serious medical condition (incl workers comp leave) serious medical condition of the employee's spouse, parent, or child which require the employee to give care In some states, you are also entitled to leave as a victim of domestic violence and for meetings with children's teachers. Other legal reasons for leave (not FMLA leave) are to fulfill obligatory military obligations (such as for the reserves) and for jury or witness duty. If everyone who was stressed at work took a leave of absence, there would be no one left to do the work! |
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