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I am a NC state employee. I have been out sick and under…

Hello, I am a...

Hello, I am a NC state employee. I have been out sick and under doctors care. I was told by HR that I am not eligible for FMLA because I have less than a year of employment. I was also told that I am ineligible for extended leave and that if I didn’t work at least half of the pay period that I would loose my health insurance. According to NC policy;

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Use of Extended Sick Leave
(a) In order for a newly hired employee to be eligible for extended sick leave, he or she must have reported to work.
(b) The local school system may request appropriate medical verification of the need for extended sick leave.
(c) Extended sick leave days do not have to be used consecutively.
(d) Unused extended sick leave days do not carry forward to succeeding school years.
(e) Extended sick leave is not available beyond the waiting period of Workers’ Compensation or Short Term Disability.
4.2.3 Deduction
Employees on extended sick leave receive full salary less the required substitute deduction. The deduction is mandatory whether or not a substitute is employed. The standard deduction is $50 per day.
Legal Reference(s)
G.S. 115C-12(8)
G.S. 115C-336
16 NCAC 6C.0402(I) 16 NCAC 6C.0101(3) 16 NCAC 6C.0101(9)

Lawyer's Assistant: Has anything been filed or reported?

HR sent my doctor FMLA paper work but I never signed anything so the doctors office didn’t complete it. I was sent a denied blank FMLA paper through email

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Answered in 6 minutes by:
3/9/2018
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,698
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you are an employee with less than 12 consecutive months of employment and working 1250 hours in those 12 consecutive months, then your employer is correct and you do not qualify for FMLA. You could seek to qualify for extended sick leave under NC Code 115C-12 and NC Code 115C-336, but not under the federal laws of FMLA.

So, if you did not sign an authorization for your doctor, then under HIPAA he had no right to disclose information to your employer.

You will need to refile the paperwork with HR and you need to authorize your doctor to disclose your information to your employer if you want to seek extended medical coverage.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 126,698
Experience: 20+ Years of Employment Law Experience
Verified
Law Educator, Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 5 months ago
Thank you. You’re correct with regard to being paid for extended leave. However, is it legal for them to deny me pay for extended leave? Can my health benefits be canceled if I don’t work the full pay period ?

Thank you for your reply.

If you do not have sufficient leave balance to be paid, they do not have to pay you. As far as your benefits, this is up to your employer's policy and if they require you to work a specific amount of hours to qualify, they can make you pay for the benefits to continue.

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