Wait to take a medical leave to qualify for FMLA?

34 Comments

1. AnonymousMarch 26,2023 at 9:19PM UTC

   How doe waiting impact your condition? What does your doctor say? This sounds like it might be appropriate to have a dialogue with your boss- you have to let them know you're taking the leave anyway. It might provide reassurance that your job is safe if you go ahead and take care of yourself now. I don't think the FairyGodBoss community has the ability to advise on whether you should or shouldn't- that's between you and your doctor.

2. AnonymousMarch 26,2023 at 11:39PM UTC

   Why would you delay improving your health and allowing yourself time to rest and heal?

   Jeopardizing your health for another layer of protection of your job, I don't understand why you would do that. If the company wants to mess with you they can with or without FMLA. They can just allow you to return for a month or two and eliminate your job. But it doesn't sound like they will do that so why risk anything.

3. AnonymousMarch 27,2023 at 11:36AM UTC

   Health first. Timing sucks, but you need to put yourself first. You may need to use, if you have any, pto for the longevity of the time you need. Why put a company before your health? Speak to your leader and let them know your concerns. Hoping they are a people first company. Be well.

4. AnonymousMarch 27,2023 at 12:16PM UTC

   I try to keep in mind that everyone is replaceable, no matter how valuable I think I am to the company I work for. I am not entitled to a job. Put yourself first because some of these companies won’t hesitate to find someone else.

5. AnonymousMarch 27,2023 at 1:16PM UTC

   Health should come first in a perfect world. If you have a conversation with your supervisor about taking leave, be sure to document what was discussed. Send it back to your supervisor confirming what was discussed. Get a physical printout for your records. Make a record of all conversations you have regarding leave. Do not be shocked if you still come back to a sudden and mysterious layoff.

6. susan joyMarch 27,2023 at 2:21PM UTC

   I'm currently reading The Myth of Normal by Gabor Mate, he talks about links between life stresses and traumas with auto immune diseases. Its pretty convincing. Worth looking into

7. AnonymousMarch 27,2023 at 11:30PM UTC

   In 3 months your condition may be much worse and you'll need even more leave than just one month if you go now. If it were me I'd go now, but it's ultimately your decision. I've seen so many good workers "mysteriously" let go right after coming back from FMLA and / or S-LTD leave. These are not failsafes that you can count on.

8. AnonymousMarch 28,2023 at 12:16PM UTC

   Not sure all the fine details, but are you ok with not being paid for a month or longer? I’d wait to qualify for the FMLA (I like the idea of job protection) and I think you can still get paid on that or short term disability. But if the autoimmune disease is pretty bad and affecting your everyday, then maybe you can’t wait 3 months.

9. AnonymousMarch 28,2023 at 12:21PM UTC

   This is good advice but be sure to review your policies, you may be excluded from using STD and LTD in the first year of coverage as your condition was preexisting. Usually after a year of coverage this isn't an issue.

10. Leah PetrosinoMarch 28,2023 at 12:38PM UTC

    Take care of your health first. Is there someone there you trust that you can talk to about the situation? My concern for you is that your condition may worsen if you wait.

11. AnonymousMarch 28,2023 at 12:38PM UTC

    Is your state an at will state? Mine is. I feel like this was written for me, although the circumstances are slightly different. Stress can definitely exacerbate auto immune symptoms.

12. AnonymousApril 4,2023 at 12:48AM UTC

    That’s my problem… 7 mo with govt job, in Florida, and now awaiting the decision. We are doing the surgery 4/14 will be out for 2 mo. I’m told it’ll be ok and they will keep me but nothing is in writing, so we are hopeful but who knows. It’s a right to work state, and no FMLA, or anything else to save me.

13. AnonymousMarch 28,2023 at 12:38PM UTC

    Talk to your doctor and ask if you could wait 3 months. Health comes first.

    I am glad you have the confidence that you won’t laid off but in towards job environment nothing is a guarantee.

    once you have all the information determine if you can wait or not.

14. AnonymousMarch 28,2023 at 12:40PM UTC

    Ultimately, do what is best for your health. But-even if you do not qualify for FMLA, your company should be making an “accommodation leave”. Not sure your exact company but most companies would have a very hard time proving undue hardship if they allowed you to take loa whether legally qualified or not. And if your company follows FMLA I assume they have at least 50 ee’s, so again one employee off for 30 days would not create an issue. Do you have good HR? As far as pay, do you have company sponsored STD? If so you should get some pay (pre existing would only disqualify you if it is an employee sponsored program if your company pays you are covered).

15. Valerie RiegerMarch 28,2023 at 12:48PM UTC

    If you've only been employed by your company for 9 months, you unfortunately won't qualify for the federal FMLA leave. I don't know the laws of California and their leave eligibility requirements. I would recommend a discussion with HR to get an understanding of what options are available to you.

    Having said that, you have to do what is right for you and what will best help you navigate your health concerns.

16. Vanessa BlakleyMarch 28,2023 at 9:18PM UTC

    I'm in the State of California as an HR professional. Your health is important as the comments conveyed especially Ms. T's. Check to see if the company offers a medical leave and for how long, typically 6 months and personal leave 2 wks. This way, you are within the leave guidelines of your return (if all goes okay). If you wait for the FMLA kicks in you may have a longer time to get healthy and will impact your esteem/confidence which may backfire in taking a longer leave under the FMLA. Also, the medical leave buys you time and you'll know how your companies ethical standards align with yours.

    I hope this helps out

    Vanessa

17. Vanessa BlakleyMarch 28,2023 at 9:26PM UTC

    *company. Also you can apply for State Disability Insurance under EDD on a medical leave;doesn't have to be FMLA. We pay for this benefit in the state of California. Check your pay stub.

18. AnonymousMarch 28,2023 at 1:37PM UTC

    If your company offers short term disability, your leave should be covered under that and firing an employee during an STD claim can be very messy so most companies do not do that. If the leave is only for 4 weeks, it should be approved and you should have a job to come back to. Unless you suspect your boss doesn’t like you, replacing an employee that only takes 4 weeks to treat a health issue would be foolish since it takes longer to hire now. I am from NJ and we have similar rules to FMLA/FLI. I once hired a woman that didn’t know she was pregnant and she had to go on leave around her 7th month of being employed here and she was able to take the 6 week short term disability plus our company offered a vacation donation program so she was able to get an extra 3-4 weeks without any issues. Good luck!

19. AnonymousMarch 28,2023 at 1:40PM UTC

    Alexandra's response is all encompassing. This should assist you in navigating the best course of action.

    Praying your treatments go well.

20. Focused721350March 28,2023 at 2:01PM UTC

    Good Morning,

    Here I go again! NO JOB IS WORTH YOUR HEALTH! My Dr. told that to me when I went through a serious condition that was so stressful! YES!!!!!! YOUR STRESS FROM WORK DOESN'T HELP YOUR SITUATION AT ALL! I can understand your situation. BUT! 3 MONTHS NO! YOUNG LADY! THIS CAN MAKE YOUR CONDITION SO MUCH MORE WORSE AND THAN WHAT? YOU WON'T BE GOOD FOR ANYONE IF IT GETS WORSE! I'D THINK AGAIN ON THAT. SERIOUSLY!!!

    Good Luck and God Bless you, Ms. T ;)

21. Dcre1977March 28,2023 at 2:50PM UTC

    This is the right answer. .

22. AnonymousMarch 28,2023 at 3:10PM UTC

    You can apply for an accommodation under the ADA as well now or after the 1 month of leave if you need an extension.

23. Tammy DirksenMarch 28,2023 at 3:43PM UTC

    Very good suggestions in the comments. Along with the STD have you thought about seeing if your company offers Aflac or one of those types of supplemental insurance to help you through the time off? Your health is truly the top priority and I hope you do not wait - wishing you the best in your healing and recovery through the treatments.

24. AnonymousMarch 28,2023 at 3:49PM UTC

    Also, check on Short Term Disability and how much it pays. In NY, the max it pays is $170 a week, HOWEVER, some companies pay for “expanded” benefits. When I was out for surgery, I received $500-600 a week for four weeks instead of the $170 bc my firm paid for expanded benefits. Check with your company and the State’s STD office. Also check to see if you need to use vacation/sick time before getting STD. Good luck!,

25. AnonymousMarch 28,2023 at 6:10PM UTC

    Health first > I also think my stressful job is probably exacerbating my condition. That speaks volumes, no one goes to their grave wishing they worked one more day. Be open about your situation with your employer, look at your budget, see if you can work reduced hours in the near term if it helps you to stay on until FMLA can kick in, if you can wait. I hope you are able to get the relief you need and then when its all said and done you can look for a job less stressful to you for your future.

26. Vanessa BlakleyMarch 28,2023 at 9:23PM UTC

    Remember, if you take a medical leave you still can qualify for State Disability Insurance (EDD). We pay into this each paycheck at least here in the state of California.

27. AnonymousMarch 30,2023 at 3:13AM UTC

    Does the employer have to certify state disability (CA) or would a physician note the only thing needed?

28. AnonymousMarch 28,2023 at 9:53PM UTC

    I've had cancer twice and used STD. Put your health first.

29. Laura E. WendtMarch 29,2023 at 12:57PM UTC

    If you have confidence in your job security, then you have more choices. You can take the time you need whether paid (FMLA) or not (now). I didn't take advantage of FMLA because I felt pressure to work the job (there was so much work to do) and it cost me on the health side. I had to retire last year because the cancer treatments were too much to handle with work. I'm in a tight spot with insurance (5 years until medicare), so I feel like I lost out, but there wasn't much wiggle room in my mind at the time.

30. Holly CameronMarch 31,2023 at 2:10AM UTC

    I hope you are doing better now!

31. AnonymousMarch 31,2023 at 2:09AM UTC

    In this boat currently in a govt job, 7 mo in… pain is at a 10. Was trying to wait for FMLA. FOUND OUT LAST WEEK IT CANNOT WAIT ANY LONGER. so, we scheduled surgery for two weeks from now. Major surgery, here we come. 2 months recovery.

    sometimes, you have to put your health first. And sometimes, your job , and the people there, value you enough, that they will bend the rules…. Even thought I don’t Qualify, I am being allowed to miss two months under non paid leave * PTO … I am fortunate….

    My advice is to talk to them. See what they can do, you might be surprised! I was shocked, and we had already come to terms with my being let go.

    so talk with your company… see what they can do. i hope it works out for you! It is a terrible thing to go through!

    ❤️ Cancer survivor and now surgery ugh!

32. AnonymousApril 1,2023 at 6:54PM UTC

    Praying for all that surrounds your health, surgery, finances, and job.

33. TomApril 1,2023 at 12:52PM UTC

    Talk with the California agency that oversees the administration of that state's version of FML. Also, look into the state's disability programs. I'm not an expert on California's employment laws, but from my limited experience there are many employee friendly laws than most other states. Take care and good luck!

34. TomApril 1,2023 at 1:00PM UTC

    Very good answer Alexandra! I'm leaning more on California's laws being more advantageous to the employee in most cases, but it makes sense to look at both so you are fully informed of all your rights! Wish you well and take care!