is fmla detrimental to companies/hospitals?

[johnnyDoGood]

to me it seems that fmla can be detrimental to hospitals/companies. where i work, we have soooo many call-ins where they're using fmla. almost everyday for months now we have at least 2 or 3 call ins from fmla alone. we end up short staffed and having to work over time just to play catch up when the company claims to already be hurting from the overtime and have put a freeze on hiring even acquiring temps. i personally know of several people who abuse the fmla when there is nothing wrong with them. this one lady used her fmla to have a birthday party for her son, and another used hers to participate in a wedding. i don't understand why so many people are disatisfied with the current job situation, then when some obtain a job, they never come to it regularly.

[dudette10, MSN, RN]

Sounds like your employer needs to look at the FMLA rules again. A birthday party? A wedding? FMLA is being abused, and your workplace is allowing it.

FMLA is a wonderful thing when it's used correctly and appropriately.

[April, RN, BSN, RN]

I thought FMLA had to be approved by the employer?

[OCNRN63, RN]

to me it seems that fmla can be detrimental to hospitals/companies. where i work, we have soooo many call-ins where they're using fmla. almost everyday for months now we have at least 2 or 3 call ins from fmla alone. we end up short staffed and having to work over time just to play catch up when the company claims to already be hurting from the overtime and have put a freeze on hiring even acquiring temps. i personally know of several people who abuse the fmla when there is nothing wrong with them. this one lady used her fmla to have a birthday party for her son, and another used hers to participate in a wedding. i don't understand why so many people are disatisfied with the current job situation, then when some obtain a job, they never come to it regularly.

I'm confused. I thought you were suffering through unreasonable hours in your surgical tech program, according to a PP. Are you working as well? In what capacity?

[JenniferSews]

From your profile it looks like you are Canadian? And not a nurse? I'm confused, please clarify so we all understand. In the US the FMLA must be approved by your employer beforehand and allows you to take up to 3 (?) months off for the birth, critical illness or death of a direct family member. You cannot use it for a day here or there, it is for a long leave otherwise not allowed by employers. When a coworker tried to use it for her sister who was recently diagnosed with breast cancer she was denied as it didn't fit the definition as immediate family. Either your employer allows insane violations, you are in CA and talking about a different law, or something else is going on.

[AlsgalRN]

I am still employed due to FMLA. Three years ago, I was diagnosed with breast cancer. AT the same time, my husband was diagnosed with ALS. I would have lost my job without FMLA protection. My unplanned absences would have been:

1. biopsy day

2. surgery day

3. chemo #1

4. chemo #2 along with an oral warning

5. chemo #3 along with written warning

6. chemo #4 termination

As the ALS has progressed, I have had to use FMLA days to care for my husband. I take him to the ALS clinic every 3 months. He can do NONE of the ADLs. He requires total care and is on a bipap 24/7. Just taking him to the clinic would be 4 absences. He has fallen twice where we had to call the firemen to come help lift him. I stayed home both days. Those 2 falls would have given me 6 absences in a year----termination.

So, to answer your question.................is FMLA detrimental to employers? It depends on where you stand. I am a DAMN good nurse. The hospital has not had to bear the costs of replacing me. Did it require some flexibility on their part? Yes, it did. Was it worth it to the hospital? Yes, it was.

I never expected to have cancer at 43 and to be facing widowhood at 47. Losing my job, and insurance, would have been an unnecessary loss that would have made my life more difficult.

If your management allows people to use FMLA for shopping, weddings, birthdays..................that is the problem with your management. FMLA is not the problem.

[roser13, ASN, RN]

OP, if you're flying the Canadian flag, why are you dealing with FMLA? It's an American law.

Or are you working in the US? In addition to your OR tech school that you're frustrated with?

[Sally Lou]

From your profile it looks like you are Canadian? And not a nurse? I'm confused, please clarify so we all understand. In the US the FMLA must be approved by your employer beforehand and allows you to take up to 3 (?) months off for the birth, critical illness or death of a direct family member. You cannot use it for a day here or there, it is for a long leave otherwise not allowed by employers. When a coworker tried to use it for her sister who was recently diagnosed with breast cancer she was denied as it didn't fit the definition as immediate family. Either your employer allows insane violations, you are in CA and talking about a different law, or something else is going on.

Bolded. Not true. It depends on the company policy. I was allowed to use it interminently. There is no way i could have done a long leave with my job paying the health insurance. As long as i called in at a specified time they couldn't do anything.

[P_RN, ADN, RN]

Here is the department of labor's web site re:FMLA

http://www.dol.gov/whd/fmla/index.htm

Family and Medical Leave Act

Overview

Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

• for the birth and care of the newborn child of the employee;
  
• for placement with the employee of a son or daughter for adoption or foster care;
  
• to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
  
• to take medical leave when the employee is unable to work because of a serious health condition.
  

Final rule: [/url] under the Family and Medical Leave Act. The final rule became effective on January 16, 2009, and updates the FMLA regulations to implement new military family leave entitlements enacted under the National Defense Authorization Act for FY 2008. It also includes revisions in response to public comments received on the proposed rule issued in February 2008. The Federal Register Notice and related documents are available at Wage and Hour's FMLA Final Rule website. (November 17, 2008).

Many people DO take advantage. However you are entitled to 12 weeks a year unpaid leave, if your employer qualifies and if you have worked sufficient time. They don't have to pay you, and they don't have to give you health insurance, BUT the do have to COBRA you so you can link to another health plan without a waiting period.

If you think you have been discriminated against or been denied, seek a legal counsel.

[Altra, BSN, RN]

FMLA can be used intermittently and there are many life circumstances where this is necessary. Poster #5 poignantly lists her reasons for utilizing FMLA.

My random thoughts:

Is FMLA detrimental to employers? Well, the equal and opposite question to ask is, are draconian employment/attendance policies which do not allow for the very real circumstances of life beneficial to employers, with the accompanying loss of skilled, motivated employees?

In any safety net system, there will always be a few who abuse it. That is simply part of human nature.

OP's employer is well aware that there are one or more employees utilizing FMLA, yet they choose not to alter staffing. Predictably, resentment follows.

In my experience, employers who implement some flexibility and/or employee control into scheduling practices tend to end up with policies where employees are generally better able to maintain work-life balance without having to resort to "scamming the system"

[roser13, ASN, RN]

"You cannot use it for a day here or there, it is for a long leave otherwise not allowed by employers"

Not true. Intermittent FMLA days are certainly permitted. The law recognizes that not all medical care happens in a straight line, over XX time period. There are occasions where you or your immediate family member requires intermittent days of assistance.

[Jolie, BSN]

I thought FMLA had to be approved by the employer?

No. A common misconception.

When the need for a leave is known in advance (such as a planned, elective surgery), the employee is required to give notice to the employer and encouraged to select a time frame that is least disruptive to the department without compromising the employee's health. But the ultimate say in when a leave is taken depends upon the employee's physician's note. An employer can't refuse FMLA to a qualified employee if a physician certifies that it is necessary within a certain time frame.