AllBodySurgery.com

Can I file for FMLA to go to drs appt if I was on comp approved sick leave after heart surgery for 12wks?

union comp 80% sick leave pay. Doctors orders to return after 12 weeks. Didn't have to use FMLA due to benefits and contract. Now i need to use FMLA for follow-up drs appt and tests for on-going heart problems. company is in procedure of changing FMLA saying they can go back and pick up used drs approved sick leave time that was used in a 12 month period. Can they legally do this if I never had to previously file for FMLA? I don't know what to do? I don't want to run into absentee problems. I have only missed one day work in two years, except for open heart surgery and recovery time.

Public Comments

1. i dont believe they can make this retro-active! look on the FMLA website with the federal government..
2. I would imagine you could, bu ti am not sure, only thing i know for sure is that companies with less than 50 employees are not bound by FMLA. SO if your company has less than that, then you are out of luck
3. FMLA is of course non paid leave time, the rules normally say that the leave time has to be given in advance if possible. It is not normally for a one day here and there, but for a week or more of time. Next if they excuse you from work for sick days, then it is not absenttee anymore than it would be absentee under the FMLA. That is only a law that allows you to be absent ( it forces employors to let you off) alot of companies would let you off more than the FMLA requires to start with.
4. Yes, you can file for FMLA. FMLA guarantees that your company has to allow you time off for a major illness, including doctors' appointments for follow up for an illness. The amount of time allowed is 12 weeks per year. Your company can decide if this means per calendar year, or per rolling 12-month period (e.g. if you use your 1st day on July 15th and take off 12 weeks in a row, they don't have to "renew" your time until July 15th of the following year). HOWEVER, this has to be in their FMLA policy, and they can't change it on a case-by-case basis. If you did not have to use FMLA time for the surgery and recovery time due to your union contract, you have the right to use it now. As far as making FMLA retro-active, I'm pretty sure they can't do that. I would suggest talking to your union rep or checking out your state's Department of Labor website. If neither of those works, try contacting a labor attorney. Most of them won't charge for an initial consultation, and they will be able to better explain your options.