My boss is saying he doesn't think I'm eligible for FMLA while I'm seeking diagnosis for Covid19

[Curiousus]

Arizona

First and foremost, my girlfriend and I telework so I was never at risk of getting anyone sick. We are also home bodies and won't leave the house for days at a time. So we got nobody sick other than ourselves and our 4 year old(since everybody on other forums is jumping down my throat assuming I infected my workforce). On the 5th of November my girlfriend whom I share a home with came down with COVID symptoms. I experienced tell tale symptoms of COVID that weekend. She went and got tested on the 7th and received a positive diagnosis. I decided to tough it out, I do sales and my job is very demanding so I worked a half day essentially that Monday. I started to feel okay enough to tough it out, but I probably should have taken the week off because my condition only started to worsen. By Friday the 12th I decided I was way too sick to be working a sought a COVID test at a local urgent care. My girlfriend works for a large corporation and was granted FMLA without issue even though she had no sick time. I let my boss know on Friday that I was going to get a COVID test and look into FMLA. I told him my physical and mental health was struggling. He asked me if it was related to COVID or something else. I think that question is pretty inappropriate coming from an employer. I let him know tonight on Saturday the 13th that I had gotten my PCR test and asked if I should go through my HR representative to seek information about FMLA. I also told him I'd be needing to take some time off and if he could cover my appointments, to which he said he would. He told me he doesn't think that I'm eligible for FMLA, but said my best bet was to go reach out to HR. I asked him why I might not be eligible. He replied that "I think FMLA is like 30 days+, But she will know more on that". He then immediately asked to have a conversation with me about work related matters on Monday. I told him I'm minute to minute and would like to focus on my health. I want to know if I am being mistreated by my employer, if they fire me due to this will I have a strong case considering everything I've seen says I'm eligible for FMLA. I have a feeling I might be retaliated against since my company is greedy and my boss equally so. Mind you my performance with the company has been stellar and I've never had any write ups or performance issues. I am going to reach out to HR on Monday and let her know what my conversation so far with my boss has been like as well as requesting FMLA info.

 

[Zigner]

Thank you for sharing. Let us know how it goes on Monday.

 

[cbg]

Depending on details you have not shared (and may not yet know) your boss may be right.

 

[commentator]

"being mistreated by your employer" is not something specific you might have a strong case for. Being eligible for FMLA is predicated by a number of factors, which your HR person will explain to you on Monday. It sounds to me as though your employer is not out of line asking what your condition is related to. And it would be in your interests to speak with him after you speak with HR. This is not an adversarial situation, if you are too ill to work, you either will or will not qualify for FMLA, and your employer is trying to determine that. You don't just say, "I'm taking it!" That your girlfriend works for a large company could be a very good reason why she would qualify, plus the fact that she has a definite diagnosis.

 

[cbg]

A definite diagnosis is not required for FMLA eligibility; however, there is a very specific, statutory definition of what makes an illness eligible and it is unclear whether that definition has been met.

 

[AlmostThere]

You really do not know anything until you speak with your HR department. It sounds as if your direct boss does not know anything about FMLA, and is just making guesses.

 

[FlyingRon]

You do understand that FMLA isn't necessarily paid time off. All it means is that if you do qualify for it, they have to give you a roughly equivalent job when you come back to work?

 

[Curiousus]

I totally understand that FMLA is unpaid. I work for mid size company and everything seems to indicate I'm eligible for FMLA. I also have a positive diagnosis and am being evaluated for underlying conditions and severe symptoms of my illness. My HR lady was actively encouraging me not to use FMLA and to use my PTO. The problem is that I get evaluated on my monthly performance, that's only protected if I take FMLA. Otherwise, if I just use PTO my performance is still going to be affecting my paycheck. I think that's the underlying reason they are actively discouraging me from using FMLA and using my own accrued PTO.

 

[cbg]

It takes more that the size of a company and having a diagnosis. There are specific, statutory definitions in terms of treatment and time that need to be met.

 

[LdiJ]

I totally understand that FMLA is unpaid. I work for mid size company and everything seems to indicate I'm eligible for FMLA. I also have a positive diagnosis and am being evaluated for underlying conditions and severe symptoms of my illness. My HR lady was actively encouraging me not to use FMLA and to use my PTO. The problem is that I get evaluated on my monthly performance, that's only protected if I take FMLA. Otherwise, if I just use PTO my performance is still going to be affecting my paycheck. I think that's the underlying reason they are actively discouraging me from using FMLA and using my own accrued PTO.

I think that a company is allowed to require employees to take their PTO first, before FMLA kicks in.

 

[cbg]

Almost. The company is allowed to require that PTO be taken as part of FMLA. They don't take their PTO and then get their full 12 weeks of FMLA - the PTO is included in the 12 weeks.

But you're on the right track.

 

[LdiJ]

Almost. The company is allowed to require that PTO be taken as part of FMLA. They don't take their PTO and then get their full 12 weeks of FMLA - the PTO is included in the 12 weeks.

But you're on the right track.

I knew it was somewthing like that.