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  • Fmla

    I injured my neck to the point that I cannot turn my neck either to the left or right or look down without significant pain. Went to the urgent care center today and was diagnosed with torticollis; I was prescribed pain meds, a muscle relaxer and told it takes about 5 days to heal. I was put off work because my job requires lifting, bending and lots of driving (Paramedic).

    My question is, does this qualify for FMLA? I feel like it's absolutely ridiculous to even consider FMLA however for every day I miss, I accrue a point. After 6 points, you're let go. I do not want to even think about coming anywhere near that. We used to have a pretty flexible sick policy but people were abusing it so they (understandably) changed the policy. Give an inch and people take a mile which screws over those of us who don't abuse it.

    I know this sounds really shady. I'm not trying to abuse the FMLA policy but at the same time, I don't want to jeopardize my job in any way. I'm hoping it will be better tomorrow and I won't have to worry about it.

  • #2
    Assuming that you and the employer meet the qualifying criteria (you've worked there more than 12 months; they have more than 50 employees) then yes, since i would require more than 3 days off work, it would be FMLA-qualifying.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Agree that this would qualify for FMLA if you & your employer meet all the other requirements for FMLA.

      http://www.dol.gov/whd/regs/compliance/whdfs28.pdf
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        And it doesn't sound shady at all. If the leave qualifies, why shouldn't you use it?
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          That is what FMLA is there for - to use it if you need it & qualify. It protects your job.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #6
            Originally posted by cbg View Post
            And it doesn't sound shady at all. If the leave qualifies, why shouldn't you use it?
            Some neanderthal employers think all employees asking for benefits they're legally entitled to are shady. Unfortunately I've met more than a few of these employers.

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            • #7
              Oh, I know. Me too. But it doesn't sound shady to ME. Or to you either, I'm sure.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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              • #8
                Agree re "some" employers maybe thinking it's shady but the OP shouldn't think it is - it isn't.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment

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