Fmla-va

[stephanie rafferty]

I have been at my company for 12 years and have been approved for other conditions in the past. I have confirmed carpal tunnel syndrome in my right hand. I have took off for 3 appointments. I had a cortisone shot on a Wednesday, took the day off after the shot Thursday, worked Friday not using the hand. I then applied for FMLA for the Wednesday. The doctor completed the paperwork & submitted to my human resources rep. I was turned down with the explanation "there has been no incapasity". The human resources rep explained I would have to take 3 consecutive days off to be considered. I thought if you had a condition that would require intermident time off for treatment it was covered under FMLA. She also explained since this was denied, if I have to have surgery I would have to re-apply for FMLA and have the doctor fill out all the paperwork again???

[mlane58]

Your employer is wrong. Being incapcatated is not just being for 3 days or more, it is also defined as:

Treatment two or more times by a health care provider, by a
nurse or physician's assistant under direct supervision of a health care
provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider.

By your post you seem to meet the above criteria having CTS. You can make a complaint to the DOL at (202) 693-4650 if you feel that you meet the critera for FMLA.