Husband has Lyme, work wants him to go on Family Medical Leave

[debbie5846]

My husband has Lyme disease and is currently in treatment, the LLMD just started him on injectible antibiotics and he had a herx, so took a week off work. Now his work has started the process for him to go on Family Medical Leave, he would prefer to just take vacation time, he has plenty.But they are now telling him he can't do that.

Since he started treatment in June he has only taken a few days off work. Would appreciate input from anyone who has information on the Family Medical Leave Act etc. We can't afford for my husband to be off work without pay.

[Suzan]

I've never heard FMLA to be used by employers to force an employee out of work. It is my understanding it's there to protect the employee's job if they are unable to work. It does not sound right to me if he has vacation he should be able to take it, unless they have a policy of having it planned in advance. Is his sick time different than his vacation time?

 

http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf

[911RN]

My husband has Lyme disease and is currently in treatment, the LLMD just started him on injectible antibiotics and he had a herx, so took a week off work. Now his work has started the process for him to go on Family Medical Leave, he would prefer to just take vacation time, he has plenty.But they are now telling him he can't do that.

Since he started treatment in June he has only taken a few days off work. Would appreciate input from anyone who has information on the Family Medical Leave Act etc. We can't afford for my husband to be off work without pay.

 

My understanding is many jobs will ask you 1.If you need a FMLA after missing 3 days of work (sorta, somewhat of a federal requirement to offer/ask 2.If it is deemed a long term condition and 3.It is expected he will continue to miss work. Usually, even under FMLA, you exhaust your vacation hours first then sick time if you have it.So many jobs now just combine vac/sik into a PTO- Paid time off. You DO NOT take have to take time off without pay under a FMLA.

 

I used FMLA for both my children and had 12 weeks of paid time off since I had the hours of vacation time accumulated. The FMLA is designed to protect your job and pay. Not take time off without pay!! Although, you have 12 weeks you can take off without pay if you so choose without fear of losing your job. I would urge him to discuss this situation with his Human Resource dept if he has any concerns and questions and definitely before he signs anything.

 

If he is still continuing to go to work....they will accumulate the time he does miss work and apply it to the number of weeks allowed to miss during calendar year for FMLA (12 weeks) and that could/may put his job in jepordy if he exceeds it.

 

Here is link for better understanding:

 

http://hr.commerce.gov/Employees/Leave/DEV01_005926

 

Hope this helps!