NeuroTalk Support Groups

NeuroTalk Support Groups (https://www.neurotalk.org/)
-   Traumatic Brain Injury and Post Concussion Syndrome (https://www.neurotalk.org/traumatic-brain-injury-and-post-concussion-syndrome/)
-   -   F.m.l.a (https://www.neurotalk.org/traumatic-brain-injury-and-post-concussion-syndrome/163243-f-m-l-a.html)

RubyV 01-11-2012 04:11 PM

F.m.l.a
 
Hi everyone. Hope everyone is having a good day.
Yesterday at my Neuro checkup I asked my Neurologist to fill out a request form to qualify for intermittent FMLA. My boss recommended I look into it. I am just looking to protect my job. I am already on contract at work for having more than 3 sick occurrences in the last 6 months. Since my employer is not union I could lose my job if I call in sick too much even if it is for a chronic medical condition.

Anyways, my Neurologist did not want to fill out the form at first! He said he doesn't like to do them because it can end up costing the patient more with insurance, and that my employer can use this information against me, as well as share this information with any of my future employers who could also use this information against me. I was able to get him to fill out the form, but he still refused to put down a diagnosis even with my consent. Does anyone with experience with FMLA know why my Neurologist would be so hesitant? It seemed like a red flag to me, but I don't know why.

Does anyone have any experience with intermittent FMLA for PCS? Anything you wish you knew about FMLA in the beginning? Words of wisdom or any tips?

Thanks for any advice.

EsthersDoll 01-11-2012 07:18 PM

I have no idea what your neurologist's problem with FMLA is.

I've been on FMLA two years in a row due to the brain injury I acquired in July 2010.

It's a very good idea to fill out all the paperwork and submit it to your HR dept ASAP in order to protect your job for up to 12 weeks if need be. (If working twenty hours a week, it lasts for 24 weeks and so forth.)

Though my Primary Care Physician takes care of all that paperwork for me and not my neurologist.

JulieRN 01-12-2012 09:59 AM

Fmla
 
Hi there,

I utilized FMLA in July 2011, when it was thought that my symptoms were stemming from a new dx. of Lyme Disease. I was grateful that my primary sent me to a very aggressive Infectious Disease MD who CORRECTLY and emphatically stated AND documented that my symptoms did NOT correlate to Lyme Disease but were a DIRECT result of PCS, PTSD and Depression.
As of today, my Attorney has still NOT been able to switch me over to Worker's Compensation (they won't accept this until the results of my Neuropsych testing are completed...I still have 2 appts. pending because they drag the authorization process out as long as they can).

My FMLA exhausted and my employer opted to NOT extend my medical leave and I was terminated from my position as an RN Clinical Nurse Manager a week before Christmas. I have been fortunate to be receiving Short term disability which is now going in to Long term disability (they are still working on approving me lol)....

I chose not to get really upset by my termination as I really feel things work out the way they are suppose to. I worked very VERY hard to make accomodations at work and received a sparkling yearly review...I'm thinking the stress just finally got to me...and I crashed....

I have an appt. with my Attorney to apply for SSD at the end of this month. I am hopeful that I am able to return to the workforce someday, and have decided that I will work in the field of Legal Nurse Consulting...maybe it's a dream, but it gives me something to look forward to, ya know???

I would rather utilize the FMLA than be terminated for excessive sick time use...to me, that would "look" more irresponsible for future employment.

Best of luck to you...:)

RubyV 01-12-2012 05:26 PM

Quote:

Originally Posted by JulieRN (Post 840479)

I would rather utilize the FMLA than be terminated for excessive sick time use...to me, that would "look" more irresponsible for future employment.

Best of luck to you...:)

That's what I am thinking too. I don't need to take weeks off work, I just need to be able to call in sick when I have a migraine. Luckily its only happened once since I came back to work, but it will probably happen again. I am already on contract for sick calls so I don't want to risk it. Thank you for your insight. I am sorry you lost your job over this, that's too bad. However its given you a calling. You will be amazing in Legal Nurse Consulting because you have been on the other side before. Good luck with SSD and Workers Comp. I hope everything works out for you.

RubyV 01-12-2012 05:28 PM

Quote:

Originally Posted by EsthersDoll (Post 840307)

Though my Primary Care Physician takes care of all that paperwork for me and not my neurologist.

Maybe I should show the paperwork to my Primary and see what he thinks. Thank you.

slashman48 02-21-2013 05:30 AM

Have the same problem myself with FMLA. Have all the symptoms of Myasthenia
Gravis. Went to ophthalmology doctor, then primary doctor, then referred to Neurologist. Primary doctor gave me a slip not to drive any equipment for 2 weeks while I go to Neurologist, but now they won't let me work with any restrictions. They sent me home saying they would mail me FMLA papers. After seeing Neurologist he gave me a slip for a month off work. Wait a week, no FMLA papers in the mail, call HR, we sent them out. Wait 2 weeks, no FMLA papers.
Go to HR Dept. they say they'll mail out another copy. I tell them I need them now so the finally print them out for me. Drive to Neurologist, they're closed. Finally get paperwork to Neurologist's office. Now they say he doesn't fill them out. He's the one that has me off for a month & having MRI, MRA & I have a muscle test coming up. Worried work will deny FMLA & fire me for unexcused leave. Not sure who to turn to for help, can't lose my health benefits, but I don't have a diagnosis yet.

ginnie 02-21-2013 05:46 AM

Hello Ruby
 
If a doctor refused to write a recommendation with DX, that is not good. Most doctors who are confident of their DX would do anything to help that patient to survive. His reasons seemed rather shoddy. All my care specialist, gladly wrote what ever I needed to have, to qualify for help. You doctor hesitated, and that would indeed cause me concern. Medical reviews are quite necessary, when trying to cover missed days of work, insurance and SSD. Accept only those docs. willing to help you in all ways for the betterment of your life. It sounded stange to me, and I bet I would run for the hills to find another doctor. Hard as that is, you need all the help you can get to further your case, and get the help you need. I sure hope it all works out for you. I believe in absolute cooperation between doc. and patient. ginnie

slashman48 02-21-2013 06:53 AM

Not sure if the Neurologist won't fill it out or if the Receptionist is refusing to give it to him. Going to HR today and try to get things straightened out. Maybe between them & my primary Doctor something can be done. All this stress isn't helping one bit. Maybe my primary Doctor can fill it out & he can find me a Neurologist that will work with me.

ginnie 02-21-2013 07:48 AM

Hi Slashman
 
Glad you are pro-active in doing what needs to be done. My PCP was indeed the one who recommended my last neurosurgeon. I trust his judgement and he was correct. All necessay letters were written, and that letter from the PCP was what helped me through my SSD hearing. The Judge looked at it and read it in court. Must have doctors working "with" you, as the conditions are hard enough without fighting with your doctors over a needed letter. Let me know what is said. This is important to solve. I am hoping for a good outcome for you too. ginnie

slashman48 02-21-2013 08:28 AM

Thanks. As if we don't have enough to go through, and then getting hassled over someone not doing their job to fill out the necessary paperwork. Just waiting for Doctor's office to open, so I can make an appointment. Also need to
follow up because he upped my high blood pressure medication.

mg neck prob 02-21-2013 09:04 AM

[Hi Ruby ,

You neuro is a big JERK--working for a major company in HR and union issues FMLA is a law and you can sue your employer if terminated for missing time under FMLA-- if you have good reviews at work etc....the court will see right thru the garbage. You owe it to yourself to find a DR who works as a patients advocate --not against them --I wouldnt want to put my health or life with any DR who said this garbage---and who is not looking out for his patients best intrest. Your neuro sounds likes he has his own political issues or personal issues with FMLA which should have no factor in protecting the well being of his patients. Please find another DR asap. I been on the job 25 yrs and had cancer and neck fusion and I have a demanding job --no problem ever with FMLA --and our company is so big we use a thrid party vendor --who we know trys to reject the paperwork first time usually for any petty issues-- but thats why I stress the importance of DR who supports his patients needs. Please find another DR. Best wishes always.

Concussion 02-21-2013 10:45 AM

Hi, and sorry about all your issues with your strange Neurologist.

There really should be no issue with the neurologist signing off on the FMLA, if he stands by his diagnosis.

I had FMLA, started 4 months after injury, after having been given notice about taking "too much time off for PTO ( our version of sick time - lol, 'personal time off' - so personal they have rules about how often you can use it) in a given work period. My PCP filled out the first form, my Neurologist filled out a backup a few months later - both for intermitent time off as needed for Chronic / Acute Headaches from Concussion/PCS.

I filed FMLA for 2 years, for intermittent time off, without difficulty - because I insisted on working "through" my problems. However, since no real resolution was occurring with maximizing of medication, and new symptoms were also evolving throughout the course of the 2 years, I eventually missed a "deadline" for filing the next FMLA, and it was near that time the employer finally "offered" some sort of "accomodation" to my work schedule or job status, when my problems were maximizing my troubles with focus and cognition....so I really couldn't understand what they were going on about.

Long story short - I was terminated within weeks of that "accomodation" offer, due to "excessive absenteeism".......before I could focus enough to try to figure it out, (in Maryland there is a statute of 180 day limitation on wrongful termination) I couldn't even get 1 co-worker to discuss how I was treated throughout the course of the injury and my schedule and the end result for collaboration - so attempts at lawsuit were out of the question.
Especially whilst in the throws of my cognitive problems, focus, and other symptoms - and the family being totally unable to help.

Back on point - the FMLA, of late, and most anything set in motion in the past by the Federal statutes has had some work arounds set in motion by State's Labor departments, and not denied by the Federal level, in that they are not as strongly anti - State as they were at their inception - so States, and employers do have much more recourse to be able to get around the rules and "stick it to" the employee, and we have the "malingerers" to thank for that.

Brain patch 02-21-2013 01:47 PM

Insurance Reasons
 
I have worked in the health insurance industry for over 15 years. The reason your doctor would say this is because employers share and use this information to see what health problems future employees have. For example, if an employer has a small group employer group health plan and one employee has cancer or some other diagnosis that is serious or will end up costing the insurance company money they look at is as a risk factor and they rate the entire group up. All the employees in that company that are covered under the small group employers health plan would have to pay more. Employers who offer insurance like to find people who have minimum problems so they can keep their rates low.
Also, an employer looks at an employee as an investment. They spend time and money training etc. if that employee has a past history of taking extended time off for any reason they look at that employee as a bad investment.
Not fair, and they are not supposed to share this information or have it held against you but I have seen them do just that time and again.

slashman48 02-21-2013 06:24 PM

I work at a County job, so they have plenty of employees. I went back to HR and they told me to tell them again to fill out the paperwork. I've got a week to do it or I'll be terminated. I then asked HR if my primary Doctor could fill it out since he referred me to the Neurologist and they said no "the neurologist has to fill it out since he wrote the no work excuse. I did send an email to the "United States Department of Labor" and they would send a reply within 3 days.


All times are GMT -5. The time now is 03:28 AM.

Powered by vBulletin • Copyright ©2000 - 2025, Jelsoft Enterprises Ltd.

vBulletin Optimisation provided by vB Optimise (Lite) - vBulletin Mods & Addons Copyright © 2025 DragonByte Technologies Ltd.