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.

[BabyLady, BSN, RN]

i know fmla can be abused. i've watched some of my co-workers and even my own dh abuse it. but it can also be a godsend. when i injured my back and was out for six months, it was fmla that kept my job (and benefits). and when i had to fly back to the midwest to care for my mother, once again it was fmla that saved my bacon.

when i read this, i didn't understand it...i am pretty sure that fmla only protects your job for 12 weeks...i don't think it was fmla that protected your job as much as having a short-term disability, which is a protected class.

[roser13, ASN, RN]

"When I read this, I didn't understand it...I am pretty sure that FMLA only protects your job for 12 weeks...I don't think it was FMLA that protected your job as much as having a short-term disability, which is a protected class. "

An employee can be out on long or short term disability and still be terminated. It happens all the time. Long or short term disability is not an automatically protected "class." It is my understanding that a disabled person would be required to invoke the ADA (Americans with Disabilities Act) and proceed through the court system.

It is indeed FMLA that protects our positions and our benefits.

[April, RN, BSN, RN]

It is indeed FMLA that protects our positions and our benefits.

I think part of the question is that if FMLA is 12 weeks, how was one's job protected for 6 months? Is this still FMLA or is it covered under a different law at that point?

[roser13, ASN, RN]

I think part of the question is that if FMLA is 12 weeks, how was one's job protected for 6 months? Is this still FMLA or is it covered under a different law at that point?

April, thanks for the clarification. FMLA can be increased, at the discretion of the employer.

Example:

"For employees taking medical/FMLA leave for self, the maximum leave allowed will be six (6) months, unless the employee has paid time accruals exceeding six (6) months, then the maximum leave time shall be up to twelve (12) months. Paid sick time accruals must be utilized first, and then vacation accruals and float holidays may be used."

Disclaimer: this quote is not an official FMLA statement, it is simply an example to post of one employer's FMLA policy.

[BabyLady, BSN, RN]

April, thanks for the clarification. FMLA can be increased, at the discretion of the employer.

Example:

"For employees taking medical/FMLA leave for self, the maximum leave allowed will be six (6) months, unless the employee has paid time accruals exceeding six (6) months, then the maximum leave time shall be up to twelve (12) months. Paid sick time accruals must be utilized first, and then vacation accruals and float holidays may be used."

Disclaimer: this quote is not an official FMLA statement, it is simply an example to post of one employer's FMLA policy.

Correct...this makes sense.

I do know that a company is legally required to follow their own written policy...so that is why it is imoprtant if you take FMLA, such an example such as this, to get a copy of the FMLA and Disability policy before you go on leave...keep it at home, in case you get canned while you are out.

You can use this as proof of what the policy was when you left.