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.

[Jolie, BSN]

"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.

This is correct and is probably the way in which previous posters have described co-workers abusing FMLA for birthday parties and weddings. If an employee has a doctor's note for intermittant FMLA (for migraines, for example) and calls in stating that s/he needs a FMLA day off due to that condition, the employer has no choice but to grant it. I have no doubt that some employees abuse this privilege for their convenience, rather than risk requesting a day off and not having it granted.

[Jolie, BSN]

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

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

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.

PRN,

I believe you are mis-informed about the requirement for an employer to continue group medical coverage during FMLA. The employer must continue to provide group health coverage during a FMLA leave if the employee so desires, as long as the employee continues to pay his/her portion of the premium while on leave.

See: Q20: Can I receive COBRA benefits while on FMLA leave?

The Family and Medical Leave Act, effective August 5, 1993, requires an employer to maintain coverage under any group health plan for an employee on FMLA leave under the same conditions coverage would have been provided if the employee had continued working. Coverage provided under the FMLA is not COBRA coverage, and FMLA leave is not a qualifying event under COBRA. A COBRA qualifying event may occur, however, when an employer's obligation to maintain health benefits under FMLA ceases, such as when an employee notifies an employer of his or her intent not to return to work.

Further information on FMLA is available from the nearest office of the Wage and Hour Division, listed in most telephone directories under U.S. Government, U.S. Department of Labor, Employment Standards Administration.

http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.HTML

[HamsterRN, ADN, RN]

There are clear requirements to claim FMLA and birthday parties/weddings don't apply.

Aside from that, if FMLA leave is so regular and consistent, it really shouldn't be that hard to make adjustments for; just increase the float pool as required.

[totally_nuts]

What is FMLA? I'm an aussie and don't recognise all your lingo.

[dudette10, MSN, RN]

What is FMLA? I'm an aussie and don't recognise all your lingo.

I'm not sure if you read the posts above. In a nutshell, it prevents a people from losing their jobs and healthcare benefits if they or an immediate family member are in need of medical treatment.

I've used it three times: twice for giving birth/taking care of my newborns and once for my family when they were injured in a car accident. My company's policy was much broader, in that they extended the law to 6 months of unpaid leave in a rolling 365-day period, but you could use your Personal Time Off bank to get paid for a portion of it. Because I had quite a few days in my PTO bank every time I had to invoke FMLA, I never missed a paycheck!

[NicuGal, MSN, RN]

Sometimes it does cause problems, esp with staffing. Right now we have 6 people out on FMLA for pregnancy, 4 out for surgical and multiple others that have intermittant FMLA. (We are a staff of about 95, needing 16-17 nurses per shift) We are having a hard time staffing right now. And it does seem that some people abuse that intermittant FMLA...seems to be a lot of headaches, etc on Fridays and Mondays (they won't call off on Sat or Sun because they have to make up the weekends). There are people who abuse it, that is for sure.

And don't say increase the float pool, we have a limited float pool, don't use agency and do not float outside of our departments (ie maternal child).

[Mandychelle79, ASN, RN]

FMLA like anything is great, unless it is abused.

We have a nurse on the floor that gets FMLA for a specific reason. Said nurse typically suffers from that ailment in the summer. This summer there was incentives offered at work for picking up extra shifts and not calling off. Did not take FMLA this summer, but a few weeks after incentive ended called off using FMLA.

[Ruby Vee, BSN]

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.

actually, you can use it for a day here or a day there. you have to meet the criteria, however, in order to get it approved. if, for example, you need fmla to take care of your mother who has alzheimer's on her caregiver's day off until you can find a second caregiver or an assisted living situation for her, you can take fmla. if you have breast cancer and you're going to need time off once a week for chemo, that's an appropriate use.

in the case of you co-worker who was trying to use fmla for her sister with breast cancer, i don't understand. if she were the only person available to get her sister to her chemo, radiation and other appointments or to care for her at home, i'm sure it would have been granted. perhaps the issue was that she wasn't really needed for her sister's care, she just wanted to be there. that isn't covered.

[belgarion]

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.

Excuse Me? I used intermittent FMLA for four years to take my XYL to and from medical appointments without getting myself in a bind at work. Usually it was only a half day after lunch once or twice a week. Intermittent FMLA required me to fill out a request signed by a doctor every six months and turn it in to HR. This covered all her medical appointments during that six months. I then had to fill out a form every time I took off for the absence to be excused.

And NO, I am NOT in CA.

[Zookeeper3]

i have an fmla from my daughter... we'll i try to summarize, car accident, at 18, multiple head bleeds, plus multiple broken bone and the trauma that ensues. the head injury, which has caused permanent short term memory loss has affected us and we both have fmla.

my child is lucky enough to work now, she still lives at home. one of the bleeds was frontal lobe, and it will always affect her behavior in negative ways. neurology hopes that the brain connections will meet up and be normal, but it's a waiting game, mean while....

we have a 19 year old now that creates unsafe situations for herself that i may be forced to call in at a moment's notice that may create harm for herself or not, i call in, use fmla, resolve it.. work a shift two hours late, some times 10 minutes, sometimes a few days.

i live with a brain injured "teen/adult" that i am responsible for her safety and at any moment affects my ability to provide patient care.

some days, i'm in-able to show up and care for others because i'm too exhausted for caring for my own load, but i simply can't do it... when the stressor of home comes into play it affect work and it does affect nme.

that is why fmla is there to protect me from loosing my job that i need the health insurance for to protect my child from her injury. some day's it's not about what my daughter goes through, but my ability to be able to care for others is at serious , serious risk, because i'm exhausted from a now "normal" day at home, where others would have put the gun to their head.

sometimes we as nurses can't nurse. and the law protects me from myself, and protects patients from me.this is the point of fmla, the burnt out nurse. it's not a scapegoat, it is real and needed i'm burnt out, and my patients need protection from me when i say so. it's that simple people.

[rnmi2004]

I think the OP was talking about people who abuse intermittent FMLA. We have people that do this at work. Some are brazen enough to talk about how they won't be in the next day & mention their plans, and then will call in FMLA. Others "need" to use their intermittent FMLA on weekends & holidays only. The company's hands are tied because what are you going to do?

I agree that there are many great employees who don't abuse FMLA and their ability to use it has benefited both the company and the employee. Unfortunately, there's always going to be people out their that just take advantage.

[klone, MSN, RN]

I thought FMLA had to be approved by the employer?

It does! It's a big deal, involving a lot of paperwork with HR in order to get it approved.

You can't just "call in FMLA".