I have seen a lot of posting relating to people's experiences with Social security, disability, etc. My question relates to use of FMLA. A number of people for the agency I work for (it is a state agency with appx 5,000 people) have filed paperwork and been approved for Family Medical Leave Act (FMLA) benefits. Most of them have been for illness of a family member (to care for them, take them to appts, etc). I would like to know if anyone has had experience with FMLA due to their own struggles with dystonia. I have Spasmodic Torticollis, and for 5 years have been receiving Botox, which worked well to control symptoms. Within the past year or so, the Dr has had to keep increasing the dosage and it wears off after about 2 months. Botox is working very little and they have had me on Tramadol since October for neck pain. I have also been on Fioricet since January for tension headache. Between the two, I am somedays finding myself at work in moderate to severe neck pain. Where, like most of us here, I don't have frequent neurologist appointments, would it be an approved use of FMLA to be able to just take intermittent time off and remain at home during periods of severe pain? I ask because otherwise, they are very strict at requiring doctor's notes after taking more than a total of 5 sick days a year without one. I would appreciate any input. Sorry for the lengthy post.

Welcome to the forum nhtom! I am not familiar with the laws concerning FMLA. You might try your human resources department for that.

I used FMLA time for myself.

I think your HR dept should have all the info and forms for you to request it.
They should be able to help and answer your questions about if sporadic short times will apply, or perhaps they can work out something else that will work in your case.

If your doctor knows you and your condition well- you should be able to call in for any note needed due to your condition or pain- for a few days off.

http://www.dol.gov/esa/whd/fmla/
[# to take medical leave when the employee is unable to work because of a serious health condition.]

i used it all the time for spine problems

I used it for over a year. I was also on Worker's Comp at the same time, but going on a medical leave of absence at the same time I was getting TTD (and later, Voc Rehab Maintenance Allowance) allowed me to keep my job open for a very long time.

I was recently on FMLA when my daughter was hit by a car. There were options on my forms that the doctor could check if my absence needed to be intermittant, which I think is what you are asking. My daughters doctor could check continuous, intermitant, and shortened days. Mine was actually planned on 4 weeks off then 8 weeks working then another 4 weeks off, this was how the doctor wrote it. My daughter had complications and I was off continuously for the entire 12 weeks allowable.

I dont know if that is standard or at the employers option pending on the number of employees.

My employer also has an income protection program. If you are out for more than 10 days unpaid, you can request in writing income protection. Its only $60 per day, but at least it is something.

Good Luck and I hope you are feeling better soon!

FMLA only pays you if you have leave time accumilated. Is this right?

dilly,

I think so...just can't remember exactly. But what I did was to get an Rx for the whole year. That way I could take the 12 weeks intermittently for spinal problems. His script just spelled out the whole thing and I had no problem with it and didn't need note after note from the docs. When the year was up, I just renewed it. Plus, I had people donating leave to me as well. I don't know if the state or the agency you work for offers that or not....but you could check into that too. Combined though...I was able to work another two years until I retired.

We use it in our family for my spinal and Brain problems .Your dr. will have to fill it out and state that you have this illness you speak of . Then your in .

I worked in HR for 13 years. FMLA allows three months of time off, for non key employees, in succession or intermittent, if you have worked over 1200 hours (ck legislation) in the previous year. All FMLA does is allow you to keep benefits without paying for them and the time off to attend med appts etc. I would read the legislation, do a search on Family Medical Leave Act and see if it applies. I used FMLA for the beginning of my leave, but as a key ee' they termed me from my position on the day after it expired. A health insurance company no less!!!