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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26709
Experience:  Began practicing law in 1992
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Is intermittent fmla offered to an employee as the beginning

Resolved Question:

Is intermittent fmla offered to an employee as the beginning to the end of her employment?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

JD 1992 :

I'm not sure what you are asking, can you rephrase?

Customer:

I am an RN, 58, and work in an oncology outpatient clinic. I have scoliosis and have chronic back pain that has been controlled until 2 weeks ago. I took 2 days off, saw a physician and had an injection; the first of 3 that would be 3 weeks apart. I returned to work and will continue to work inbetween injections.

Customer:

I have EIB and PTO and have not had a lot of absences from work.

Customer:

I have now been approached at work to sign up for intermittent fmla...should I do that at this time?

JD 1992 :

FMLA provides you some protections and is the only law in Texas that will allow you to take time off from work as needed rather than as the employer permits.

JD 1992 :

In other words, they aren't required to allow you to take off work for the treatments other than using FMLA.

Customer:

I'm afraid they will use it against me. I'm salary and have arranged for the injections to be late in the afternoon, and I will return to woek the next day.

JD 1992 :

They can't really use it against you if it is FMLA time. They can refuse to let you take the injections during work hours unless it is FMLA.

Customer:

But since our clinic is M-F 8-5:30 it has always been a practice that we get off for doctors dentists ect without problems since the nurses are salary. Will the intermittent fmla be ongoing from now on?

JD 1992 :

I'm not sure what you mean by will it be ongoing from now on. Do you mean for your appointments or for all appointments?

Customer:

After these injections are completed; will the intermittent fmla stop?

JD 1992 :

It should, unless there are additional treatments for the same condition.

JD 1992 :

The FMLA is related to a "serious health issue", not all medical issues.

Customer:

I don't plan on using even a day of it.....so the fmla would just be for my back issue, correct?

JD 1992 :

Yes, that is correct.

Customer:

Would you suggest I go ahead and take the day after injections off...or tough it out and go back to work?

JD 1992 :

I can't really comment on that since I am not a medical professional and that is more of a medical issue than a legal one. I think you are entitled to if it is required for your issue. Also, there would be plenty of days available if it is just for injections.

Customer:

What happends when the fmla is exhausted and my pto and EIB is gone? Then do I apply for short term disability ?

JD 1992 :

You could, yes.

JD 1992 :

FMLA allows for twelve weeks leave per year.

Customer:

Would it be better for me to use short term disability now?

Customer:

I am worried about getting paid as I'm single. I wang to work, but don't want to get screwed in the end.

JD 1992 :

I don't think it makes a difference at first. The employer can require you to use vacation, sick days, etc. as a part of your FMLA leave. You may want to ask them which they prefer.

Customer:

Can they fire me while on fmla?

JD 1992 :

As a general rule, no. It's not absolute, if something happens and they would have fired you anyway then they can but that's a pretty tough burden. The example I usually use to explain this is if while you were off on FMLA they discovered you had been stealing then they wouldn't haveto wait for you to come back to fire you.

Customer:

Ok..what would happen to my std and ltd benefits? Also, does the physician need to be a specialist...neurosurgeon or can it be my pcp to certify the need for fmla or short term disability?

JD 1992 :

I'm not sure what you mean about the benefits. There is nothing in the law that requires the physician to be a specialist.

Customer:

About the benefits...if or when I take std what happens to my life insurance that the company is offering....I pay for it now out of my check.

Customer:

If I become disabled during a procedure...then what would u suggest?

JD 1992 :

You would still pay for it. They aren't required to pay for your benefits while you are off but they are required to make the available at your costs.

JD 1992 :

If you become disabled then you probably need to go ahead and have the LT disability kick in.

Customer:

And completely avoid short term?

JD 1992 :

You could start with the short term. That really depends on the policy language, the extent of the disability, if the policy limits you to one or the other,etc.

Customer:

Thank you so much for your help. Happy Easter!

JD 1992 :

To you as well. Let me know how it turns out.

JD 1992 :

Please ask any follow up questions in this thread. When all of your questions have been answered, then I would ask that you give a Positive Rating (of course I'd suggest Excellent) since that is the only way I get credit for my work and also please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done, although this is neither required nor expected. When looking at the answer I ask you to bear in mind I can’t control what the law is and whether it helps you, I can only tell you what it says, and I assume you want truthful information.


 


However, please do not issue a rating of any kind until all of your questions have been answered and please use the Reply button to ask additional questions or to provide answers to my questions.

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 26709
Experience: Began practicing law in 1992
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