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Fmla

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ffk

Junior Member
Fmla & search for new job

What is the name of your state?What is the name of your state? IL.

I first want to state that I don't know if this is the correct category to state my question, but here it is:
I am under FMLA with a modified working schedule. Originally I was coming in later and working later than the normal working hours and I didn't have a diagnosis. I have a condition that requires this type of situation (Fibromyalgia). I was diagnosed 1 month ago and at that appointment my doctor filled out FMLA form WH-380 stating that I can now work the normal hours but cannot work more than 8 hours without needing to come in later than normal the next day. My job requires more than an 8 hour day sometimes. My manager and others at my job have made it a very unpleasant place to work for me. I am very uncomfortable and feel as if they are trying to "push me out" since they can't legally fire me. Therefore, I really want to get out and am looking for another job. My question is, if and when I get another job, will having this form affect me? Meaning, is this form filed with the DOL? Does it "follow me?" Would I need my doctor to fill out a "return to work" type form if I want to leave without having any conditions follow me? Basically I need to know if there are any legalities that go along with having this form in my HR file and I decide to leave the company and go somewhere else? Will the new company find out other than through me? I need to know the full details. I can tell the new company about my 8 hour restriction once I get the job offer or I'm hired, but I don't want to go into a new company with an already established FMLA form. Please Help!!! :confused:
 
Last edited:


Beth3

Senior Member
My question is, if and when I get another job, will having this form affect me? No.

Meaning, is this form filed with the DOL? Gosh, no. It is ENTIRELY up to the employer to administer the FMLA internally within their organizations according to the law.

Does it "follow me?" Your medical condition and work restrictions do (simply because you have an illness) but no, nothing about your FMLA follows you. If you change jobs, you won't even be eligible for FMLA for 12 months.

Would I need my doctor to fill out a "return to work" type form if I want to leave without having any conditions follow me? Your medical condition is your medical condition. Presumably you will always have fibromyalgia and perhaps certain work restrictions but you certainly don't need a return to work note from your doctor to quit this one and accept another. That's entirely up to you.

Basically I need to know if there are any legalities that go along with having this form in my HR file and I decide to leave the company and go somewhere else? No.
 

hayley"s mom

Junior Member
get the facts first

From what I understand you have to have been with a company for 1 year or worked 1250 hrs to be eligable to qualify for FMLA, and if you feel that you are being mistreated or discriminated against in any way by your current employer you can file a grievience against the company through the Department of Labor, You cannot go to a "new" job and be given FMLA, so my advice to you is to stay at the company you now work for and file a grievience with DOL, or a private attorney. And some companys do fire employees who have FMLA although they usually lose if a grievience is filed, because once an employer grants FMLA in writing they are bound by the terms and conditions set forth by the DOL. You can go to their website and get the guidelines, I would suggest that because an employer is "supposed" to supply you with these terms but don't always and then like you may quit then you just screwed yourself and freed your company from any more obligation to your FMLA! Get the facts before you make a discision or talk to an attorney who specializes in employment and wrongful termination issues.
 

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