Do you know anything about FMLA?

[truckerswife]

I have had intermittent FMLA since November 17th. Prior to that I had been receiving what are known as points. My company allows 12 points. One absence equals one point (up to 2 days at a time equal 1 point). At 13 you are terminated. If you have 9 or more you are unable to switch job positions. I am at 12 points. I have been having problems with my neck, back and arms since April. I have been going to therapy on and off since then. Also I have been taking medication since that time. When I had my FMLA I had them put the day they were filling it out as the starting date. I was told by another employee that I could have had the doctor back date it. Is this true? And if so for how long? The points don't fall off until their anniversary dates. I would say at least half of these points are due to my current health situation. In March we receive reviews. That is when raises are decided. We lose money for each point. I don't want to lose money if I don't have to, I am already losing enough when I have to miss.

[lrprn]

FMLA allows up to 12 weeks of unpaid, job-protected leave for eligible employees - http://www.dol.gov/dol/topic/benefits-leave/fmla.htm . You meet eligibility because you are "unable to work because of a serious health condition". Also some states have laws that impact FMLA as well.

Given what you've told us, your employer appears to possibly not allow the full 12 weeks if they really do count a 'point' toward the 12 allowed (which I assume is supposed to represent the 12 weeks) if you only miss two days of a week.

Employers can interpret how to implement FMLA differently. You may need to see a labor attorney to ensure you are truly getting the time the FMLA law allows.

[FLBK7]

I have had intermittent FMLA since November 17th. Prior to that I had been receiving what are known as points. My company allows 12 points. One absence equals one point (up to 2 days at a time equal 1 point). At 13 you are terminated. If you have 9 or more you are unable to switch job positions. I am at 12 points. I have been having problems with my neck, back and arms since April. I have been going to therapy on and off since then. Also I have been taking medication since that time. When I had my FMLA I had them put the day they were filling it out as the starting date. I was told by another employee that I could have had the doctor back date it. Is this true? And if so for how long? The points don't fall off until their anniversary dates. I would say at least half of these points are due to my current health situation. In March we receive reviews. That is when raises are decided. We lose money for each point. I don't want to lose money if I don't have to, I am already losing enough when I have to miss.

Two of my employees are currently on intermittent FMLA, and I'm somewhat familiar with the law. It covers up to 12 weeks per calendar year and must be renewed every January 1st. If you already turned in the FMLA paperwork to your employer I don't see how the doctor could backdate it. Moreover, the paperwork will need to be resubmitted on 1/1/2009. Also, in order to qualify for FMLA in 2009, you have to have worked at least 1,250 hours in 2008.

I'm not familiar with these "points" you mention but assume it's your employer's policy for dealing with absenteeism. We have something similar in county government. However, once you ARE on FMLA, your employer cannot take any further action for absences due to the covered condition (in this case, back/neck pain) unless they exceed a total of 12 weeks per calendar year. If you're out sick for ANOTHER reason, such as the flu, then the FMLA protection does not apply and the employer's regular absenteeism rules (the "points")would apply.

Check out this website for a more thorough explanation:

http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

[Flamingo]

Review your company's policy as to FMLA, your sick and/or vacation time...the policy should either be in handout/booklet form or online. Obtain the most recent policy which is probably updated yearly. As lrprn states, depending on your company's policy as to how it handles its employees and leave you may want to review your situation with a Labor Law attorney (take along your company's policy) who will review your situation and correctly advise you if they are not conforming to regulations. If they are not and you lose money due to your "point" situation or get a bad review due to the time you have taken, you have a big issue to take up with them at that time.

[truckerswife]

I am sorry. I realize I wasn't real clear. Yes the points are for calling off of work "sick", not FMLA. I have enough accumulated hours according to law. Our company only requires 1,000 anyway. Thanks for the help. I will try calling someone Monday.