L
Lara86
Guest
What is the name of your state? Georgia
I have worked full-time for 4 3/4 years for a daily newspaper with approximately 100 employees. I have never requested any medical leave until now. I am scheduled for extensive outpatient foot surgery next month which will require 6 to 8 weeks recovery time.
According to my employee handbook, my employer offers an unpaid medical leave of absence of up to 16 weeks. Any paid vacation, sick leave, short-term disability or worker's comp has to be taken concurrently. If an employee is eligible for FMLA, the medical leave also has to be taken concurrently. Under the medical leave policy, the first six weeks is job-protected. If the employee is not able to return during the period of job-protected leave (6 weeks/medical leave or 12 weeks/FMLA), the employee will be replaced and he or she is only entitled to reinstatement if a job is available.
That's what the handbook says. However, when I requested leave, the personnel manager did not mention FMLA. She said they have two medical leave policies -- one for six weeks and one for 12. Your job is only protected under the six week policy. They gave me, my supervisor and my doctor one form each to fill out and return, none of which mentioned anything about FMLA. Mine only refers to the company's "Medical Leave Policy," for which it says I am eligible for if I am a full-time employee and cannot work due to my own medical condition. No mention of lack of FMLA eligibility.
It seems to me that according to the handbook they have this nice benefit for people who have been employed for less than 12 months, and FMLA is available for everyone else, but when it comes down to it they don't abide by the handbook and treat everyone as if they are not FMLA-eligible in order to shorten leave time-- hoping no one questions it. Are my suspicions correct? Because I don't otherwise understand why I would not be considered FMLA-eligible.
I have done a lot of research on FMLA. I also read that if a company has a medical leave policy apart from FMLA, they cannot combine the two. The employee is entitled to whichever one is the most beneficial to them. If my company's 16-week medical leave policy must be taken concurrently with 12-week FMLA, which one takes precedence? How long would my job be protected, 6 weeks or 12? I also have short-term disability payroll deducted, so I will be using that concurrently with whatever leave I'm entitled to.
I'm so confused! And worried that I won't have a job to come back to if I have to be out longer than six weeks. This is my dream job that I have waited all my life for, and I don't want to lose it. So, as you can imagine, I've been losing some sleep over this. Hope someone can help ... I'm getting really tired. Thanks.
I have worked full-time for 4 3/4 years for a daily newspaper with approximately 100 employees. I have never requested any medical leave until now. I am scheduled for extensive outpatient foot surgery next month which will require 6 to 8 weeks recovery time.
According to my employee handbook, my employer offers an unpaid medical leave of absence of up to 16 weeks. Any paid vacation, sick leave, short-term disability or worker's comp has to be taken concurrently. If an employee is eligible for FMLA, the medical leave also has to be taken concurrently. Under the medical leave policy, the first six weeks is job-protected. If the employee is not able to return during the period of job-protected leave (6 weeks/medical leave or 12 weeks/FMLA), the employee will be replaced and he or she is only entitled to reinstatement if a job is available.
That's what the handbook says. However, when I requested leave, the personnel manager did not mention FMLA. She said they have two medical leave policies -- one for six weeks and one for 12. Your job is only protected under the six week policy. They gave me, my supervisor and my doctor one form each to fill out and return, none of which mentioned anything about FMLA. Mine only refers to the company's "Medical Leave Policy," for which it says I am eligible for if I am a full-time employee and cannot work due to my own medical condition. No mention of lack of FMLA eligibility.
It seems to me that according to the handbook they have this nice benefit for people who have been employed for less than 12 months, and FMLA is available for everyone else, but when it comes down to it they don't abide by the handbook and treat everyone as if they are not FMLA-eligible in order to shorten leave time-- hoping no one questions it. Are my suspicions correct? Because I don't otherwise understand why I would not be considered FMLA-eligible.
I have done a lot of research on FMLA. I also read that if a company has a medical leave policy apart from FMLA, they cannot combine the two. The employee is entitled to whichever one is the most beneficial to them. If my company's 16-week medical leave policy must be taken concurrently with 12-week FMLA, which one takes precedence? How long would my job be protected, 6 weeks or 12? I also have short-term disability payroll deducted, so I will be using that concurrently with whatever leave I'm entitled to.
I'm so confused! And worried that I won't have a job to come back to if I have to be out longer than six weeks. This is my dream job that I have waited all my life for, and I don't want to lose it. So, as you can imagine, I've been losing some sleep over this. Hope someone can help ... I'm getting really tired. Thanks.