My boss says I can't be out sick for the rest of the year since I was on FMLA feb15 thru May 23. Is this true

Question

I was on FMLA, since being back to work the boss says I can't be out the rest of the year sick? Or take the baby to the doctor etc. Help!!

Answer 1

It all depends on the companies published policies. The only thing the law says, is they have to follow whatever policy they publish. The law does not tell them what they have to offer, except large companies have to offer some type of FMLA.

Answer 2

That is absolutely NOT true. FMLA is something completely different from sick leave. It's a medical "provision" if you will of ERISA and is used to take care of a newborn baby, a sick relative, etc. You are allowed to take your baby to the doctor and stay home sick PROVIDING you have sick/personal/vacation time to use. If not, then it's really up to your employer. If you're an at will employee, then they can fire you for that. Or they could just tell you that you can't go home sick because you don't have any sick leave left. A company's sick leave policy is in NO WAY related to FMLA. Your boss is an idiot who needs to read up on FMLA before he starts spouting off at the mouth about it and acting like he knows what he's talking about.

Answer 3

The boss is trying to intimidate you. Find your company's benefits manual & read up on how many sick days/hours you are allowed or can earn during the year.

FMLA is a federal law that companies have to abide by. Your sick days/hours are whatever your company gives you as a benefit. If you used all your sick days/hours & got paid for them while you were out during pregnancy then you will have to earn more.

Try to arrange your baby's dr appts for your days off. If the baby is sick, take care of him & forget what the boss says. Your baby is your first priority now, not the boss. If you need the money & must work outside the home, then try & find a job that is more family friendly.

Answer 4

You seriously can call in sick. If you're too sick to go to work, by all means - don't go to work. It'll be much better for you to stay home, than puking all over your desk!

And, if your baby is sick, not only will you not be able to drop them off at daycare (against daycare regulations as its against state regulations also), but it's also considered child neglect if you do so. Daycares can report parents that do this more than a few times - to social services. So if your baby is sick - absolutely call in.

What your boss probably means is - if you call in sick, you might not get paid. Double check your benefits. Giving birth and the postpartum leave would have been covered under the FMLA - but its processed as short term disability. And short term disability includes your immediate family. You probably had a deductible in your Family leave. Most companies have a 7 day deductible, where their personal/sick time was used to pay you while you were out, until the short term disability benefit kicks in. How much personal/sick time you have, also depends on your own benefits.

Answer 5

the Family Medical Leave Act has nothing to do with your days off. every busines has to follow that, its the law in every state. if you had an accident and had to be out of work, FMLA would cover you and it does not take up your sick/personal/vacation time. ive run across several businesses that try to say that FMLA are days off. its not true. go above your business and get something done hun. they are just trying to get you to not have any more days off then you already used, but its your right to use FMLA and sick days. kick things into gear and dont let your company boss you around. you are an individual in that business and they are just trying to take advantage of you.

Answer 6

FMLA time is UNPAID by definition, BUT, the employer has the option to force you (or allow you, depending on how you look at it) to use all your vacation and or sick time before they give you unpaid FMLA time.

Go to HR, ask them this. Can you give me my sick and vacation blance as of Feb 15 of this year. You'll get a number that is either hours or days, for each one.

Then look at your stubs from Feb 15 to the present, if you were paid 100% and your check says you were paid for SICK VACATION or PTO, then subtract that amount of hours from your balances for each day that happened. If you end up with a zero balance, on vacation and sick, then your employer is right, you have used up all your paid time off, cause they paid you for it. Remember, maternity leave programs and short term disability payments do not count as Paid time Off.

You are not screwed however,

It is not illegal in any state for any employer to grant UNPAID TIME OFF to any employee of a private company for any reason, which means you can ASK your boss to give you unpaid time off if you have to take your child to the doctor or you are sick. Most employers will do this if you ask nicely. Good luck.

Answer 7

Well, you can't use FMLA if you used up your 12 weeks, but he/she is being a jerk if they fire you for your baby getting sick. I would start looking for a new job. Your boss sounds like a real jackass.

Answer 8

No. FMLA and other days taken off are 2 different things.

Answer 9

you need to contact the labor board in your state. FMLA is separate from sick time!

Answer 10

If that adds to 12 wks, then yes, your boss is correct. Looks like from the dates, it does. You can be out with sick days, however, you won't be paid for those days.