Re: FMLA

[Guest guest]

How does one go about starting this process. My mother works for a large corperate retail store and recently lost her short term long term disability due to medical reasons open heart surgery forcing her to work less than 32 hrs a week. Now she is having alot of fatigue and pain making bieng at work almost unbearable. Here is the kicker she was told that she signed a document that that said she was giving up her short & long term disability because of the reduction of hours she does not rember signing this nor would she have done this knowing that with her heart problems she may need this s & l term dis. Please any info or ideas would be greatly welcomed.

in Iowa

Subject: Re: FMLATo: Neurosarcoidosis Date: Monday, December 14, 2009, 11:56 AM

Mitch, a second thought here-- you said you are still working and all. Make sure you file for FMLA--the federal FAMILY MEDICAL LEAVE ACT. It protects you if you need to take an extended leave of absence for either you taking care of you, or you taking care of your mom. What it does is pay you unemployment for the hours you can't be at work do to illness and caretaking, and you can't lose your job because of needing to do these things.

Take care,

Tracie

NS Co-owner/moderator

To: Neurosarcoidosis Sent: Mon, December 14, 2009 4:46:08 AMSubject: Re: Coping with it all.

Rach,

I haven't been on much because I've been trying to be Superman, I lost my 'Father 3.5 years ago from NHL, I was diagnosed with Sarcoid 2.5 years ago but I've been sick with it for 8 years (it started in my nervous system and everyone diagnosed it) like it's normal for a man in his 40's to get 4-6 upper respiratory infections a year (1-2 of them turning into pneumonia, atetletecsis and pleural effusions), have on and off use of his right arm etc. When I was diagnosed it was the worst case anyone around here had seen, I had over 30 large lyph node site and the Cat and PET scan both said NHL. For 3 weeks they told me I had the same Cancer my Father (who I had just gotten over the severe grieving from) ( I made one of the decisions that killed him, long story for another time) The first pulmonologist told said "I would be his test case" because he had never seen it so bad. needless to say I'm no one's test case (without knowing it lol)

i found a great pulmonologist in NY who was in on a lot of the earlier research at Mt. Sinai and calls himself a "Sarcoidologist" but when it's not in my chest he just calls me an 'oddball' says it's a 'painless disease' lol .

4 weeks ago we found a mass in my Mother's lung and between me and my sister's we've been going back and 4th to NY and last week (2 weeks ago today I think) we found out it was lung cancer and they removed 1/2 her left lobe. I'm working from 9-8 today then driving to NJ to be able to take her at 7am on wed to NY.

I haven't had a moment for myself because the Sarcoid has been acting up for the past 3 weeks, breathing is a problem, my bones and joints are killing me, I can hardly use my arm and now my right eye is painful (new one) putting meds in but not helping. I'm back on Methotrexate and my prednisone is between 20-40 mg of all meds i hate that one the most)

You ask how we survive, because it still beats the alternative lol, seriously, it was finding this board about 2 months ago that allows me to get up every morning and do what I have to do. The support and love I received instantly, knowing I wasn't an "oddball' and that there are many other's who went through or are going through what I did is a comfort, why I don't know except I know I'lll never be alone again.

look around, it may not be a comfort to you but i see how many other's have it so worse then I do (not just this disease but everything, other disease's, family problems, life problems)

Count your blessings and not just the curses, it will be ok, I promise. It will be better, if not you can come and kick my ass (shouldn't be that hard, lol)

Good luck and remember there are so many people to lean on here

Mitch

Coping with it all.

When do you get it together. I don't understand I was "diagnosed" with MS for 5 years and coped. I have been rediagnosed with with Neurosarc for just on 4 months and I just can't get it together, I don't know why but I keep crying. Why should this be any different?Rach

[Guest guest]

She needs to go to her Human Resources person and request a form for FMLA. They should have it. Here is a website that explains FMLA.

http://www.dol.gov/whd/fmla/index.htm

If they give her any grief-- she needs to contact a lawyer with experience in Labor Law.

Amazing that once she had heart surgery she was cut back to fewer hours than what they require for benefits. Sadly, too many employers do this-- but she has recourse-- and it may be that she does have to sue them. This is one time when I am totally for protecting the employee. Even though it's not an on the job injury-- she still has rights. If her doctor has her working less hours because of her health condition-- she needs to make sure she has that in writing.

When my husband had open heart sx when he was 45-- it was a full 4 months before he had his energy back, and a full year before he was really back to being himself.

Here is part of the text:

Wage and Hour Division (WHD)

Family and Medical Leave Act

Overview

Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

for the birth and care of the newborn child of the employee; for placement with the employee of a son or daughter for adoption or foster care; to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition.

Key News

The Department of Labor's Wage and Hour Division published a Final Rule under the Family and Medical Leave Act. The final rule became effective on January 16, 2009, and updates the FMLA regulations to implement new military family leave entitlements enacted under the National Defense Authorization Act for FY 2008. It also includes revisions in response to public comments received on the proposed rule issued in February 2008. The Federal Register Notice and related documents are available at Wage and Hour's FMLA Final Rule website. (November 17, 2008). The President signed into law H.R. 4986, the National Defense Authorization Act for FY 2008 (NDAA), Pub. L. 110-181. Among other things, section 585 of the NDAA amends the Family and Medical Leave Act of 1993 (FMLA) to permit a "spouse, son, daughter, parent, or next of kin" to take up to 26 workweeks of leave to care for a "member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness." The NDAA also permits an employee to take FMLA leave for “any qualifying exigency (as the Secretary [of Labor] shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an

impending call or order to active duty) in the Armed Forces in support of a contingency operation.†By its express terms, this provision of the NDAA is not effective under the Secretary of Labor issues final regulations defining “any qualifying exigency.†Additional information and a copy of Title I of the FMLA, as amended, are available on the FMLA NDAA Web site. (January 28, 2008)

If she approaches them with this information and they choose to cut her even further back in hours-- she really has a case and will be helping other employees to not be taken advantage of in the future.

Hope this helps,

Tracie

NS Co-owner/moderator

PS. She can file for State Disability while she is recovering-- and they may help with some of the weeks she's off.

To: Neurosarcoidosis Sent: Sat, December 19, 2009 1:10:22 PMSubject: Re: FMLA

How does one go about starting this process. My mother works for a large corperate retail store and recently lost her short term long term disability due to medical reasons open heart surgery forcing her to work less than 32 hrs a week. Now she is having alot of fatigue and pain making bieng at work almost unbearable. Here is the kicker she was told that she signed a document that that said she was giving up her short & long term disability because of the reduction of hours she does not rember signing this nor would she have done this knowing that with her heart problems she may need this s & l term dis. Please any info or ideas would be greatly welcomed.

in Iowa

From: tracie feldhaus <tiodaat2001@ yahoo.com>Subject: Re: FMLATo: Neurosarcoidosis@ yahoogroups. comDate: Monday, December 14, 2009, 11:56 AM

Mitch, a second thought here-- you said you are still working and all. Make sure you file for FMLA--the federal FAMILY MEDICAL LEAVE ACT. It protects you if you need to take an extended leave of absence for either you taking care of you, or you taking care of your mom. What it does is pay you unemployment for the hours you can't be at work do to illness and caretaking, and you can't lose your job because of needing to do these things.

Take care,

Tracie

NS Co-owner/moderator

From: "mjcv29a (AT) aol (DOT) com" <mjcv29a (AT) aol (DOT) com>To: Neurosarcoidosis@ yahoogroups. comSent: Mon, December 14, 2009 4:46:08 AMSubject: Re: Coping with it all.

Rach,

I haven't been on much because I've been trying to be Superman, I lost my 'Father 3.5 years ago from NHL, I was diagnosed with Sarcoid 2.5 years ago but I've been sick with it for 8 years (it started in my nervous system and everyone diagnosed it) like it's normal for a man in his 40's to get 4-6 upper respiratory infections a year (1-2 of them turning into pneumonia, atetletecsis and pleural effusions), have on and off use of his right arm etc. When I was diagnosed it was the worst case anyone around here had seen, I had over 30 large lyph node site and the Cat and PET scan both said NHL. For 3 weeks they told me I had the same Cancer my Father (who I had just gotten over the severe grieving from) ( I made one of the decisions that killed him, long story for another time) The first pulmonologist told said "I would be his test case" because he had never seen it so bad. needless to say I'm no one's test case (without knowing it lol)

i found a great pulmonologist in NY who was in on a lot of the earlier research at Mt. Sinai and calls himself a "Sarcoidologist" but when it's not in my chest he just calls me an 'oddball' says it's a 'painless disease' lol .

4 weeks ago we found a mass in my Mother's lung and between me and my sister's we've been going back and 4th to NY and last week (2 weeks ago today I think) we found out it was lung cancer and they removed 1/2 her left lobe. I'm working from 9-8 today then driving to NJ to be able to take her at 7am on wed to NY.

I haven't had a moment for myself because the Sarcoid has been acting up for the past 3 weeks, breathing is a problem, my bones and joints are killing me, I can hardly use my arm and now my right eye is painful (new one) putting meds in but not helping. I'm back on Methotrexate and my prednisone is between 20-40 mg of all meds i hate that one the most)

You ask how we survive, because it still beats the alternative lol, seriously, it was finding this board about 2 months ago that allows me to get up every morning and do what I have to do. The support and love I received instantly, knowing I wasn't an "oddball' and that there are many other's who went through or are going through what I did is a comfort, why I don't know except I know I'lll never be alone again.

look around, it may not be a comfort to you but i see how many other's have it so worse then I do (not just this disease but everything, other disease's, family problems, life problems)

Count your blessings and not just the curses, it will be ok, I promise. It will be better, if not you can come and kick my ass (shouldn't be that hard, lol)

Good luck and remember there are so many people to lean on here

Mitch

Coping with it all.

When do you get it together. I don't understand I was "diagnosed" with MS for 5 years and coped. I have been rediagnosed with with Neurosarc for just on 4 months and I just can't get it together, I don't know why but I keep crying. Why should this be any different?Rach