Sorry to here about your job loss. It may be coincidental, and you qualify for COBRA which can be very expansive. That said, it it were me I would get legal advice.
Renal Cell Carcinoma Questions
Does anyone have any advice on FMLA?
Asked by babydol0618 on Sunday, February 17, 2013
Does anyone have any advice on FMLA?
My husband was diagnosed with Renal Cell Carcinoma during an ER visit for Diverticulitis ( 02/07)We were informed of tumor during a CT scan and diagnosed on 02/12 in which at that time I called my employer to inquire about FMLA and told them I would be out that night and his diagnosis. They gave me a number to call. The next day I was fired!! I carry the health insurance.
8 Answers from the Community
I know how hard losing a job a a cancer diagnosis can be (should have started my first reply that way, sorry), I lost my job 4 days before the liver biopsy that confirmed my Advanced Renal Cell carcinoma. I was fired two hours after I told my boss I would out on Friday for medical tests. I was one of several dozen people let go that week.
KATHYKA1302 (Best Answer!)
Employees are considered to be eligible for FMLA leave if they have worked a minimum of 1,250 hours for a covered employer. Employees, to be deemed eligible for FMLA leave, must also work for at least one year at a site where at least 50 employees of the same employer are working within 75 miles.
For employers to be considered as “covered” they must have 50 or more employees on their payroll in 20 or more work weeks in the existing, or previous calendar, and they must be involved in business. Public agencies, including state, federal and local employers, and local education agencies, regardless of the number of employees, also apply to the FMLA.
A covered employer must grant an eligible employee up to a total of 12 work weeks of unpaid leave during any 12-month span for any of the following reasons:
Pregnancy, prenatal medical care or childbirth-related incident
A severe health condition that makes the employee incapable of performing his or her job
To care for the employee’s child after birth, or placement for adoption or foster care
To care for the employee’s spouse, son or daughter, or parent who has a serious health condition
A serious health condition, under FMLA, is defined as an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or ongoing treatment by a healthcare provider for a condition. This serious condition either inhibits the employee from performing his or her job tasks, or prevents the effected family members from attending school or partaking in other routine activities.
Ongoing treatment has specific requirements for employees to be considered for a serious health condition as well. To be termed as an employee going through “continuous treatment,” any of the following reasons can fulfill the requirements: if the injury and incapacity to work lasts three consecutive calendar days and is combined with at least two visits to a healthcare professional, if the employee has one visit and a schedule of continuous medical care, or if the employee is in a situation where he cannot work due to a chronic illness or she cannot work because of a pregnancy.
Employees with a child, spouse, or parent on covered active duty status, or called to covered active duty status, in the Armed Forces, including the National Guard and Reserves, may also be entitled to a 12-week leave and are permitted use it in order to address any qualifying exigencies.
Qualifying exigencies include attending specific military events, arranging for alternative childcare, taking care of financial and legal arrangements, going to counseling sessions, and attending post-deployment reintegration briefings.
Special leave entitlement, through FMLA, allows employees, who are eligible, to take a maximum of 26 weeks of leave to take care of a family member who is a covered service member during a single 12-month period. A covered service member is someone who is either:
A member of the Armed Forces who is experiencing and going through medical treatment, recuperation, therapy, in outpatient status, or on the temporary retired list for a serious injury and illness
A veteran who was a member of the Armed Forces at any time during the five years before the date of treatment and is going through medical treatment, recuperation, or therapy for a serious injury or illness
In terms of military family leave entitlements, a serious injury or illness that a covered service member is suffering is defined as damage to a member that occurred in the line of duty while he or she was on active duty that rendered the member unfit to perform his or her designated duties. For veterans, if there was an injury or illness that occurred during the five years before the date of medical treatment or therapy, which happened while the member was in the line of active duty, and the injury was aggravated either before or after the member became a veteran, then he or she meets the requirements.
During FMLA leave, an employee’s health coverage is mandated to be kept by the employer under any “group health plan” on the same terms as if the employee had been continuing to work. When an employee has returned from FMLA leave, typically they must be reinstated to their original positions with equivalent pay, benefits and other employment terms. The use of FMLA leave by an employee cannot result in the loss of any employment benefit that accumulated before an employee began his or her FMLA leave of absence.
I am in Human Resources so I can assist you with understanding some of the eligibility criteria but there are additional factors that come into play so i would need more information. Do you work for a private or public employer. Are there more than 15 employees who work there? How long have you been employed? How many days have you take as sick of FML qualifying during the past rolling 12 months. Did you follow all 'call-off' procedures prior to asking about your FMLA rights? The intent of FMLA is to provide job protection for employees who need to take time off for an eligible illness, to care for a immediate relatives illness, adoption of a child/foster care and some other reason. You have to be employed for one year and worked 1250 hours. The days are count in a rolling 12 weeks. You are given 12 weeks of protection. If you have any doubt and think your rights were violated you should consider contacting an employment attorney. Best of luck.
I used FMLA while I was out as the caretaker for my mom when she had cancer. I applied for an was granted FMLA for myself when I was diagnosed, however, my fellow employees were generous enough to donate their sick leave to me so I didn't have to use unpaid leave through FMLA. I work for a government agency and have been there almost 8 years.
I have no advice to add, just sympathy. Your situation sounds incredibly stressful. After my diagnosis, I was told I could be terminated after I exhausted my FMLA leave (I carry the insurance.) I was not terminated after I used up my FMLA but I was told I needed to work at least 30 hours a week going forward which has been very difficult (I'm the cancer patient.) I'm sorry about your job loss at such a difficult time.
The Family and Medical Leave Act (FMLA)...
guarantees that eligible employees can take up to 12 weeks of unpaid leave, which can be used all at once or in increments as short as a few hours at a time.
guarantees that eligible employees maintain their health insurance benefits while out on leave.
guarantees that an employee who returns to work will be given his or her previous position or an equivalent job with the same salary, benefits and other conditions of employment.
To qualify for FMLA, an employee must have worked for his or her employer for at least 12 months, including at least 1,250 hours during the most recent 12 months. The law applies to workers at all government agencies and schools nationwide, as well as private companies with 50 or more employees within 75 miles.
For more information, visit the U.S. Department of Labor's FMLA web page at http://www.dol.gov/compliance/laws/comp-fmla.htm.