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Expanded FMLA and Sick Act - Not for Health Care providers?

Disasters   (298 Views | 5 Replies)

467 Profile Views; 18 Posts

I am a nurse without FMLA coverage under the old FMLA law. I was reading about the New Families First Coronavirus Response Act Employee Paid leave Rights. I am immunocompromised with Lyme and ANA levels. I have been in my position at the same place for 9 years and I am afraid if I get sick I will lose my job and I won’t have pay. I am scared.

It states that special rules apply for Health Care Providers and First Responders. In another spot I read that we were excluded in this latest draft for this by the Secretary of Labor.

Yet... if you have to stay home to take care of your kid(s) because you don’t have anyone to care for your kids you are eligible for FMLA protection and pay and also the 2 weeks of emergency sick pay. And if you have to stay home due to quarenteen for 14 days you get paid. So someone who doesn’t have daycare can get paid by the government and they job is also protected, they can get unemployment benefits also.

BUT... If us as healthcare workers get sick or have to attend to a family member who is sick we have no pay and no protection under this new expansion of this law? How does that make sense and help us?

Please help me to understand this. I am really anxious over all this. The virus has not hit our area hard yet, but expecting the surge in 2-3 weeks.

Thank you

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MeganMN has 14 years experience and specializes in Emergency Room.

15 Posts; 79 Profile Views

It is my understanding that health care workers are not included under the new law. Do you have the option to meet with your doctor and get approval for FMLA under the original standards? Why do you not have coverage under the original law?

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18 Posts; 467 Profile Views

I had a TBI that took me out for 3 months the beginning of the year. Then my schedule changed upon my return so I went to part time to maintain the days off I had planned way in advance. Thus I ended up not working the required hours. I’m healed though and want full time again.

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MeganMN has 14 years experience and specializes in Emergency Room.

15 Posts; 79 Profile Views

Hmm. Why would part time mean you are not eligible? Does your state have any protection for you as being high risk for complications from Covid? .

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18 Posts; 467 Profile Views

I didn’t work the required hours in a year to be eligiable

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JBudd has 39 years experience as a MSN and specializes in Trauma, Teaching.

2 Followers; 1 Article; 3,764 Posts; 35,981 Profile Views

That happened to me when I was diagnosed with breast cancer; I was (am) part time. They said I was short by about 40 hours, but I had lost 48 hours to jury duty. HR tried to claim that didn't count! But I fought, saying I would have worked those days had I not been required by law to be somewhere else; not like I'd been abusing sick leave. AND the hospital paid me for my jury time (union contract).

So I did get FMLA after all. Were there any days you could have argued over to get enough hours? Were there any overtime hours they didn't count?

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