11 replies to this topic

[Renea]

Okay here is my situation.

I was just recently out of work on FMLA for over 2 months ( I have a crushed disk in my back and have to have both hips replaced). I have 2 weeks left. Now that means my job is safe for those 2 weeks. My HR told me today if I go past the two weeks. That the job is no longer held for me and I'm no longer covered under my current insurance. That I will be sent paper work to start me on COBRA.

I have a sit down job and I maybe move 3 4 times a day to use the fax.

If anyone is familiar with FMLA.. The doctor has to sign to start it an sign off it to allow me to go back to work. Do you have the choice to tell your doctor you want to go back and he has to let you? I just can't take a risk of losing my job IF I really feel like i can go back.

I know its different for each person. Just looking for some opinions.

[sherry7]

Hopefully Whitney (coptergirl) will chime in on this, as she works in HR.

My suggestion...wait until after January 1st for the surgery, because your FMLA time "resets" then. Just make sure it's not going to cause complications with your insurance since it's a new calendar year.

[Renea]

When I was reading the FMLA papers. It said You must work 1200 hours once you had used your current 12 weeks of FMLA, to be able to apply for FMLA again. So im not sure about that.

[sherry7]

Renea said:

When I was reading the FMLA papers. It said You must work 1200 hours once you had used your current 12 weeks of FMLA, to be able to apply for FMLA again. So im not sure about that.

Yes, the 1200 hours thing is right...actually I thought it was 1250 hours, but I'm not sure. So...you need to rebuild your hours to 1200 or 1250, and preferably wait until after January 1, when the 12 weeks allowed renews.

Most people would be able to go back to an office job after 2 weeks. But, you never know if you're going to have some type of complication that would prevent that.

[Snow-Belle]

Greetings Sherry,
Does FMLA re-set every year on Jan 1st? I know when I talked to my HR person I was under the impression that it 're-set' a year (1200 hours) FROM the last date it was used. Or am I confused....(very possible)...

I know that I held off my surgery until I had been at my current job for a year to make sure I was covered by FMLA. I could have had my surgery in June but held off until I was eligible to be covered by FMLA as of Sept. 1st. On the one hand it would have been nicer to be five months out from GBS now than one week, like I am now...but I figured I didn't need the added stress of worrying about my job right after surgery if I had the surgery before I was covered by FMLA.

Also, what is the max for FMLA? I've heard everything from 6 weeks to 6 months? Does it very state to state or depend on how long you've worked at a place or how large the company is?

~Michele

[sherry7]

Snow-Belle said:

Greetings Sherry,
Does FMLA re-set every year on Jan 1st? I know when I talked to my HR person I was under the impression that it 're-set' a year (1200 hours) FROM the last date it was used. Or am I confused....(very possible)...

I know that I held off my surgery until I had been at my current job for a year to make sure I was covered by FMLA. I could have had my surgery in June but held off until I was eligible to be covered by FMLA as of Sept. 1st. On the one hand it would have been nicer to be five months out from GBS now than one week, like I am now...but I figured I didn't need the added stress of worrying about my job right after surgery if I had the surgery before I was covered by FMLA.

Also, what is the max for FMLA? I've heard everything from 6 weeks to 6 months? Does it very state to state or depend on how long you've worked at a place or how large the company is?

~Michele

Hi Michele. Here's my understanding: You have to have worked at least 1200 (or 1250?) hours in the last 12 months. In addition it "resets" every January 1. You can take up to 12 weeks (60 days) in a calendar year.

So, here's an example: Let's say you have back surgery in January 2008, and you're off work for 8 weeks. Then you have gastric bypass in December 2008, and you're off work for 4 weeks. At that point, you have used up all of your eligibility for 2008, because the 12 weeks is maxed out. But, in January 2009, you find out you need knee surgery and you'll be out of work for 4 weeks. Since it "reset" in January, you have 12 weeks again. However, you still have to have 1200 (or 1250?) work hours in the prior 12 months to be eligible. Does that make sense?

If you google FMLA, you can find the government website that lists the regulations in detail.

[Nahealani]

I am just letting you know that I went back to work after 6 days. I only took 4 days off. Now everyone heals differently.

Good luck.

[agodewey]

I am on the other end of the spectrum. I thought I would be back to being able to work in two weeks, but I ended up having to have open surgery and my incision absessed almost two weeks out. I am four weeks out and the surgeons office says that it will be at least another 2 weeks before I could consider work. I think that being prepared for anything is the best approach.

[Snow-Belle]

Greetings Sherry,

Thanks for clearing up the confusion about FMLA... I realize now I was getting it mixed up a bit with short term disability.

I had my first pre-op visit yesterday and talked about my concerns about going back to work (because at this point in time, I don't have a lot of energy) and was told to just relax and don't even think about going back to work any earlier than the 30 days the doctor excused me for... I work in a VERY stressful, structured environment with zero flexibility...so it was a relief to find out that just because I'd been off pain meds since three days from coming home that I wouldn't have to try to deal with work yet.

More power to those that can go back to work early, I'm pretty sure I won't be one of them...especially as easily tired as I get now.

[nextbigloser]

I only took time off for the surgery and the hospital stay. I went back to work that following Mon. It can be done if you have a sit down job. Only you can make the decision of how long you need to be off. I was really tired the first few weeks that was my only complaint.

[kit60]

I don't know if it is different states or different companies or what, but, I was told the 12 weeks in 12 months and that its a rolliing calendar year. I was off for 6 weeks October 22 to November 2007 for gastric bypass. On June 9 I had hysterectomy surgery and was off for 6 weeks again. If I didn't work by a certain day in July I would have had to pay for COBRA.

[pummychal]

I don't suppose the Doctor HAS to let you go back, but I would think they would listen to you if you told them you were ready. They wouldn't just let you because of maybe losing your job. They wouldn't want to be liable for letting you go back if you weren't ready. My surgeon asked me when I thought I'd be ready to go back and that's what he put.