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Old 08-24-2007, 12:29 PM   #1
Join Date: Aug 2007
Location: Dallas, Texas, USA
Posts: 85
larbec7 HB User
When do I file for FMLA

What is FMLA? I know it is Family Medical Leave of Absence but how can iy help me. I am on pain meds and I am thinking about going out on SDT/LTD due to my cronic neck pain and the amounts of meds that I take on a daily basis.

I want to CMA. Right now I work from 6:30-4:30 5 days a week, sometimes I go home early and lay down, take a hot shower or bath or come in late due to my pain levels. I can only bare so much but do not want to get fired either. I live in a fire at will state (Texas)

Just want to know when to file for FMLA
1. when i get a doctors note that takes me out of work
2. Now that I am on pain meds and may need to leave due to my pain
3. when, when, when


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Old 08-24-2007, 01:56 PM   #2
Junior Member
Join Date: Apr 2007
Location: Santa Clarita, Ca, USA
Posts: 43
Chris1964 HB User
Re: When do I file for FMLA

FMLA protects you from your employer replacing you for the first 12 weeks of disability. It is a federal law and I believe smaller employers may not be forced to participate. FMLA does not pay you anything, it only protects your job. I think you can only take one FMLA leave every 12 months too.

You don't have to apply for FMLA as it is a federal law that your employer has to comply with. Once you go off work your human resources dept should send you all the information. It can also protect your spouse's job if they are forced to take time off work to care for you. And recently they added that men can also take a leave of absence for the birth of a child (unpaid) and still have their jobs protected.

So, all FMLA does is protect you for the first 12 weeks from your employer replacing you when you are off work for a qualifying event. But again, this may not apply to smaller companies with only a few employees. I am not sure what the number of employees, but 50 sounds right from what I recall.

Please do a ****** search for FMLA as I am going off my failing memory. I hope this helps, and good luck to you.

Old 08-24-2007, 04:22 PM   #3
Join Date: Jun 2007
Location: Indiana
Posts: 69
Lulu70 HB User
Re: When do I file for FMLA

My company after being off work longer than 3 days with a doctors note they automatically sent the paperwork to me. But they started it from the first day i was off work.
I would just have your doctor take you off work then go from there, my work knew i was going to be out for a while this time...
i was on FMLA until sept 16 i think, but i just ended up quitting my job.

Old 08-24-2007, 04:32 PM   #4
Senior Veteran
Join Date: Oct 2006
Location: NJ
Posts: 1,335
hessie28 HB Userhessie28 HB User
Re: When do I file for FMLA

I think you get FMLA 12 weeks out of a year. Then you have to work a certain number of hours to qualify for it again. When I went out with my back surgery I was short about 10 hours to go on FMLA. Luckily the big boss approved my leave of absence. FMLA can be used in hours or days. When I had my back surgery it was very serious. My husband went under FMLA with a dr. note from my surgeon. He used it if he had to leave work early to take me for therapy or to a doctor visit. It allowed him to use his sick time and not get penalized for it. I would suggest you talk to your human resources. If a small company they may not have to offer FMLA. I think there has to be over 50 employees. Not sure on any of this though.

Old 08-24-2007, 04:35 PM   #5
Join Date: Jun 2007
Location: Indiana
Posts: 69
Lulu70 HB User
Re: When do I file for FMLA

i can try to find my paper work and answer more for ya

Old 08-24-2007, 09:04 PM   #6
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Join Date: Jun 2007
Location: Montana, USA
Posts: 364
bwitht HB User
Re: When do I file for FMLA

The most important thing to remember is: the employer provided benefits such as health, life, dental and vision insurance continue during that 12 week time period. THAT IS HUGE. My beni's for the 12 weeks were $2000.

After the 12 weeks, if the employer extends your leave, you have to pay for those benefits if you wish to keep them.

Last edited by bwitht; 08-24-2007 at 09:05 PM.

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