FMLA and caring for child

[milady6382]

What is the name of your state? Ohio

I have worked for my employer for almost 2 years. I work 40 hours per week, every week.

My son is 18 months old. Through much of his life I have been in and out of our doctor's office for anything from ear infections (1 evry few mnths), viral infections, diarhea, RSV, Rota virus, etc. Just about evrything a child can get, or usually does get.
My son is now in daycare, and he cannot stay there if he has a fever, excessive diarhea, etc. In the past few months I have been forced to leave work on several occasions to accomodate his medical/childcare needs, however I have found ways to maintain decent attendance records w/my employer and have switched hours and made up time whenever available. Two weeks ago my son was sent to the ER from daycare b/c his lips kept turning blue. Reason: unknown b/c we still nd to see a cardiologist. My company put me on a verbal warning b/c that ws the 5th time in 6 months that I had to leave unexpectedly or rearange my schedule. This Wednesday my son was sent to the ER b/c he had labored breathing, severe wheezing, and coughing. He had 5-7 breathing treatments and a double dose of steroids and was still having difficulties!!!! He spent several hours at the hospital and we were sent home w/breathing treatments. Since I am already on verbal I am screwed. If this happens again I will be fired. I have askd my HR dept, Dr's, and the hospital several times to help me w/FMLA. My employer states there is nothing they can do unless my son has a chronic medical condition that is diagnosed.

Is there anything I can do? Or will I be forced to choose my son over my mortgage?

Thanks

 

[cbg]

FMLA (which is unpaid leave, BTW) is available only in instances of a serious health condition which meets the criteria defined under the statute. It is not there for common childhood illnesses that do not meet that definition.

Unless it is a chronic condition which has been previously diagnosed and which will require on-going care, FMLA is not available for absences of under three days.

 

[LSchmid]

Actually I have to disagree with cbg regarding the FMLA. The federal FMLA states that medical appts. to determine whether or not a serious health condition exists is covered under FMLA. Because you are still going to the doctor's appts. they should be covered under FMLA and once a diagnosis is made the determination will then be made whether whatever your son's health condition is qualifies as a serious health condition under FMLA.

Regular childhood illnesses (ear infections, colds, etc.) are not typically FMLA qualifying unless complications develop. This is where the more than three day rule comes in.

 

[cbg]

My understanding of the above post was that the doctor's appointments had all been for different, unrelated conditions. Those would not be covered under FMLA. POSSIBLY the last one described in the post might.

 

[myfootleft]

Please take some time and visit: www.dol.gov/elaws/esa/fmla/faq.asp

It should answer your questions. There is also a link off of the main page to download a form to get medical certification. Your employer may require this form to confirm that a "serious medical condition" exists. With the new HIPAA laws you do not have to provide medical records. But once it is determined that it is a "serious medical condition", you cannot be denied FMLA and your employer must actually designate in writing that the time off that you take (and it can be intermittent) is FMLA.

Again, check the website and try to speak again to your HR manager.

Be well, hope this helps.

 

[Gadfly]

I only hope that you can get the medical profession to move forward and resolve your son's condition. They may be treating him for a wide range of issues, but the frequency is a concern and may point to a deeper problem then they are looking for.

Read the FMLA link to that you fully understand it. Many, many companies and their HR's departments are confused about the entire issue and make decisions based on misinformation.

 

[ellencee]

What is the name of your state? Ohio

I have worked for my employer for almost 2 years. I work 40 hours per week, every week.

My son is 18 months old. Through much of his life I have been in and out of our doctor's office for anything from ear infections (1 evry few mnths), viral infections, diarhea, RSV, Rota virus, etc. Just about evrything a child can get, or usually does get.
My son is now in daycare, and he cannot stay there if he has a fever, excessive diarhea, etc. In the past few months I have been forced to leave work on several occasions to accomodate his medical/childcare needs, however I have found ways to maintain decent attendance records w/my employer and have switched hours and made up time whenever available. Two weeks ago my son was sent to the ER from daycare b/c his lips kept turning blue. Reason: unknown b/c we still nd to see a cardiologist. My company put me on a verbal warning b/c that ws the 5th time in 6 months that I had to leave unexpectedly or rearange my schedule. This Wednesday my son was sent to the ER b/c he had labored breathing, severe wheezing, and coughing. He had 5-7 breathing treatments and a double dose of steroids and was still having difficulties!!!! He spent several hours at the hospital and we were sent home w/breathing treatments. Since I am already on verbal I am screwed. If this happens again I will be fired. I have askd my HR dept, Dr's, and the hospital several times to help me w/FMLA. My employer states there is nothing they can do unless my son has a chronic medical condition that is diagnosed.

Is there anything I can do? Or will I be forced to choose my son over my mortgage?

Please fill in some of the gaps for me. I have a train of thought going and I need some clarification.
If you have worked for your employer for almost two years and your son is 18 months old, then you had your son after you began working there? and you missed work during your postpartum recovery? and the child is "now in daycare"? Where was the child before daycare? How was his health before daycare? How was his health before he began eating regular food?

My advice is to hand-deliver or fax a letter of request for FMLA to your HR office and clearly state you are requesting FMLA to be used during the diagnostic portion of your child's treatment and state the child is chronically ill with as yet undiagnosed respiratory or cardiac condition from causes yet unknown. Further state that until definitive diagnosis is made and a plan of treatment is established, his need for care will remain on an acute and unpredictable basis. Attach copies of his last two ER visit notes and his prescriptions. Do this immediately, like tomorrow.

If you have a private entity, such as a grandparent of the child's or someone who keeps only one or two children in their home, take your child out of daycare and place him with this private entity. That will show your intention of reducing unnecessary absences, especially if a grandparent can keep the child during this phase and can take the child to the ER and allow you to stay at work. If the child's other parent can alternate absences with you, this also shows good faith towards your employment. Submit your plan of corrective action to your HR department immediately. With that being said, be prepared to lose your job due to excessive absenteeism. Worst case scenario, you have improved your odds of gaining unemployment benefits with a shorter waiting period.

From a healthcare perspective, take your child off of all commercially prepared snacks. Remove peanuts from his diet. Remove all lactose containing foods and beverages. Remove all artificial dyes from his diet; that includes artificial flavorings. Remove all artificial sweeteners from his diet. Do not allow your child around anyone who smokes; that includes children who ride in cars with parents who smoke on the way to daycare. If your home has carpet, have it professionally cleaned with dry chemicals. If you have pets, especially cats or birds, keep them in areas where the child does not go. Remove all fluffy bedding and use only that which can be washed on a daily basis and use something like All Clear laundry detergent and Downy free and clear (diluted).

I doubt your child has a cardiac condition. My dime is on one or more respiratory allergy triggers that are causing upper airway constrictions.

EC