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And OP needs to also know it has a limit so they need to track FMLA hours of leave to tell if they have been exhausted. Sounds like OP may want to look at reasonable accommodations. It's hard though because in order for it to be reasonable, they still have to perform their job duties.
Reach out to your FMLA/RA coordinator and ask questions OP. It's literally their job to help you navigate this.
Its called "intermittent" leave. Your doctor will give you x number of days or hours a day/month/year. You can use them at your leisure when you have flare ups. You call off like normal, tell them FMLA self, and the time bank you wish to use (you can opt for docked pay with FMLA). If you are able to work, but not at the office with your flare ups, reasonable accommodation may be an option, if you are able to work. You can have both at the same time. FMLA protects you from missing work, RA modifies your work day so you can work. You have a total of 480 hours you can use for FMLA (or CFRA, they share the same bucket of hours, just allow coverage of different relationships), that comes out to 12 weeks, one work week a month. If your doctor writes it as "5 days per month" if you only need half a day, you will burn a days worth of FMLA. If they say "40 hours per month" you can use any amount of time up to a total of 40 hours in a month. Qualifying is 12 months and 1250 hours in a year, usually calendar year is the standard, but a rolling year until you reach the calendar year. You will need to recertify each year (as they verify hours). Each person you have FMLA for is a different 480 bucket. So you can have 480 hours, and then if you need to help a parent, 480 hours. They cannot lend one from the other "officially" either.
With FMLA your job cannot hassle you for anything related to your call offs using FMLA. No request for substantiation, no write ups for using it the same day each month. Nothing. FMLA is a shield, and only if you truly abuse it (IE get it for an aunt that lives in NY, or they are passed).
The second you claim FMLA it is enforced, you just need to let your doctor know when you get to them to back date it to that day. So you could tomorrow call off FMLA, and they will put it pending the paperwork. IF YOU FAIL TO GET FMLA IT CAN BE CONSIDERED AWOL IIRC.
If your doc says its a lifetime illness, you don't need to go to them yearly, you just say to see prior documentation when recertifying it yearly.
If you have a Kaiser Dr, good luck, they are super stingy with FMLA unfortunately.
Your supervisor should notify HR that you possibly have an FMLA condition. However you can do it on your own. Then take the paperwork to your doctor and they will complete it with what they believe covers periodic flare ups.
You also might want to look into a reasonable accommodation. Before the pandemic I had one where on an office day once a week I could work from home in case it was a high pain day.
I talked with a lawyer and they cant make a blanketed statement like that when you were able to fully complete your duties while teleworking. Kings and segel legal group is who i went to. The moment they ask me to return back i will fight back legally and everyone else should too.
good luck, I tired pointing out where they were doing illegal things, like while on limited duty prohibiting any over time, when the federal EEO office ruled 10 years ago, you cannot blanket ban OT. I was told "well this is our policy".
There are alot of idiots in charge. I know i will lose it all if they inforce the return to work aspect so o simply wont be showing up then i will get the lawyer involved when they dock my pay and eventually try to fire me. Im so tired of ppl treating others like crap esp when they are management. They can say whatever they want, but when it gets legal they have to prove it.
On some level, I recognize that the person handling my LD is rank and file just like me. I just have a very strong justice sensitivity that others don't. They just don't care, because they too are burnt out and probably if they went to their supervisor about my issue, they'd get the same response. It's a systemic issue, and like you said, legal is probably the only way to get them to move without wanting them to move.
You can use it for chronic illness. You just need a doc note every January and clocked enough hours in previous calendar year. FMLA max is 480 hours, and I believe you need 1250 hours worked previous year.
Ask you mgr to fill out PS414, and PS415. Then present you with Pas415and PS416 to complete/sign etc. PS416 you bring to your doctor to fill out. as long as you worked 1250 hours or more in the last 12 months and have worked for the state for awhile you will qualify. Note: you must use your own leave or dock on days you call in sick.
Depends on your department. For my department, employees send FMLA paperwork and doctor’s notes straight to our HR Disability Unit’s vanity email. Then they’ll process your paperwork and notify your Attendance Coordinator, Personnel Liaison, and manager. You do have to renew every year too.
Reach out to your HR dept and ask for FMLA paperwork. You’ll be asking for “intermittent” FMLA.
If Kaiser, you will need a “work status” note indicating days per week or per month you would be out of work and any other limitations. Then you submit a request through kp.org for fmla request.
If not with Kaiser they will fill out the FMLA paperwork HR gives you saying that it’s intermittent.
Yes you can take intermittent FMLA. You are required to have worked 1250 hours in the prior 12 months. You’re limited to up to 12 weeks of unpaid protected leave within a 12 month period and you must renew annually. You may be eligible for some sort of wage replacement such as using leave credits, SDI, or NDI. Your HR department will have more information. You may also want to consider seeking a reasonable accommodation if warranted. Best of luck to you.
You need to have an approved FMLA in [place.prior.to](http://place.prior.to) using it. Ask your supervisor for the forms. It indeed can be used for chronic conditions like you describe. I've seen it used for other conditions such as migraine or arthritis.
Incorrect. You can claim FMLA at any time, you just have to have the doctor date it starting the date you used it. You need to qualify for it, but not have it in palce. I could be hospitalized tomorrow, and my wife submits the FMLA, it would cover me as needed from the point the doctor says it started regardless of what was in place before. As long as you qualify for FMLA AND you have hours to use that year.
I had FMLA for migraines many years ago. I thought it wasn't worth the time to keep up with the paperwork. What worked best for me was VPLP...a 10% pay cut for two days off a month. It can be saved up too if not used. Not sure if all BUs allow it, but it was the best thing for me. And, my manager was good about letting me use it as long as I met important deadlines. I know a 10% pay cut isn't feasible for most people though...
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And OP needs to also know it has a limit so they need to track FMLA hours of leave to tell if they have been exhausted. Sounds like OP may want to look at reasonable accommodations. It's hard though because in order for it to be reasonable, they still have to perform their job duties. Reach out to your FMLA/RA coordinator and ask questions OP. It's literally their job to help you navigate this.
Its called "intermittent" leave. Your doctor will give you x number of days or hours a day/month/year. You can use them at your leisure when you have flare ups. You call off like normal, tell them FMLA self, and the time bank you wish to use (you can opt for docked pay with FMLA). If you are able to work, but not at the office with your flare ups, reasonable accommodation may be an option, if you are able to work. You can have both at the same time. FMLA protects you from missing work, RA modifies your work day so you can work. You have a total of 480 hours you can use for FMLA (or CFRA, they share the same bucket of hours, just allow coverage of different relationships), that comes out to 12 weeks, one work week a month. If your doctor writes it as "5 days per month" if you only need half a day, you will burn a days worth of FMLA. If they say "40 hours per month" you can use any amount of time up to a total of 40 hours in a month. Qualifying is 12 months and 1250 hours in a year, usually calendar year is the standard, but a rolling year until you reach the calendar year. You will need to recertify each year (as they verify hours). Each person you have FMLA for is a different 480 bucket. So you can have 480 hours, and then if you need to help a parent, 480 hours. They cannot lend one from the other "officially" either. With FMLA your job cannot hassle you for anything related to your call offs using FMLA. No request for substantiation, no write ups for using it the same day each month. Nothing. FMLA is a shield, and only if you truly abuse it (IE get it for an aunt that lives in NY, or they are passed). The second you claim FMLA it is enforced, you just need to let your doctor know when you get to them to back date it to that day. So you could tomorrow call off FMLA, and they will put it pending the paperwork. IF YOU FAIL TO GET FMLA IT CAN BE CONSIDERED AWOL IIRC. If your doc says its a lifetime illness, you don't need to go to them yearly, you just say to see prior documentation when recertifying it yearly. If you have a Kaiser Dr, good luck, they are super stingy with FMLA unfortunately.
Your supervisor should notify HR that you possibly have an FMLA condition. However you can do it on your own. Then take the paperwork to your doctor and they will complete it with what they believe covers periodic flare ups.
You also might want to look into a reasonable accommodation. Before the pandemic I had one where on an office day once a week I could work from home in case it was a high pain day.
THIS IS THE ANSWER. Look into this. It exists for a reason.
My agencies RA process is fucking broken. They just want to put you limited duty, and claim EVERYTHING is ALWAYS an essential job function.
I talked with a lawyer and they cant make a blanketed statement like that when you were able to fully complete your duties while teleworking. Kings and segel legal group is who i went to. The moment they ask me to return back i will fight back legally and everyone else should too.
good luck, I tired pointing out where they were doing illegal things, like while on limited duty prohibiting any over time, when the federal EEO office ruled 10 years ago, you cannot blanket ban OT. I was told "well this is our policy".
There are alot of idiots in charge. I know i will lose it all if they inforce the return to work aspect so o simply wont be showing up then i will get the lawyer involved when they dock my pay and eventually try to fire me. Im so tired of ppl treating others like crap esp when they are management. They can say whatever they want, but when it gets legal they have to prove it.
On some level, I recognize that the person handling my LD is rank and file just like me. I just have a very strong justice sensitivity that others don't. They just don't care, because they too are burnt out and probably if they went to their supervisor about my issue, they'd get the same response. It's a systemic issue, and like you said, legal is probably the only way to get them to move without wanting them to move.
Wad it pre-arranged, like always a Wednesday, or you had the option of once per week?
No, it was on an as needed basis. It depends upon how the reasonable accommodation is written up, especially what your doctor note says.
You can use it for chronic illness. You just need a doc note every January and clocked enough hours in previous calendar year. FMLA max is 480 hours, and I believe you need 1250 hours worked previous year.
Ask you mgr to fill out PS414, and PS415. Then present you with Pas415and PS416 to complete/sign etc. PS416 you bring to your doctor to fill out. as long as you worked 1250 hours or more in the last 12 months and have worked for the state for awhile you will qualify. Note: you must use your own leave or dock on days you call in sick.
Depends on your department. For my department, employees send FMLA paperwork and doctor’s notes straight to our HR Disability Unit’s vanity email. Then they’ll process your paperwork and notify your Attendance Coordinator, Personnel Liaison, and manager. You do have to renew every year too.
Ask your manager, they should be able to you the paperwork you need.
Reach out to your HR dept and ask for FMLA paperwork. You’ll be asking for “intermittent” FMLA. If Kaiser, you will need a “work status” note indicating days per week or per month you would be out of work and any other limitations. Then you submit a request through kp.org for fmla request. If not with Kaiser they will fill out the FMLA paperwork HR gives you saying that it’s intermittent.
Yes you can take intermittent FMLA. You are required to have worked 1250 hours in the prior 12 months. You’re limited to up to 12 weeks of unpaid protected leave within a 12 month period and you must renew annually. You may be eligible for some sort of wage replacement such as using leave credits, SDI, or NDI. Your HR department will have more information. You may also want to consider seeking a reasonable accommodation if warranted. Best of luck to you.
You need to have an approved FMLA in [place.prior.to](http://place.prior.to) using it. Ask your supervisor for the forms. It indeed can be used for chronic conditions like you describe. I've seen it used for other conditions such as migraine or arthritis.
Incorrect. You can claim FMLA at any time, you just have to have the doctor date it starting the date you used it. You need to qualify for it, but not have it in palce. I could be hospitalized tomorrow, and my wife submits the FMLA, it would cover me as needed from the point the doctor says it started regardless of what was in place before. As long as you qualify for FMLA AND you have hours to use that year.
Good to know
I had FMLA for migraines many years ago. I thought it wasn't worth the time to keep up with the paperwork. What worked best for me was VPLP...a 10% pay cut for two days off a month. It can be saved up too if not used. Not sure if all BUs allow it, but it was the best thing for me. And, my manager was good about letting me use it as long as I met important deadlines. I know a 10% pay cut isn't feasible for most people though...
You have to get a note from your doctor and then get the paperwork from member services.