As my out of state mother was unexpectedly hospitalized last month, and things were uncertain as to prognosis, I went to Arizona to support her and my sister. My supervisor said, yes, go, you are entitled to do so. Call the company that our employer hires to facilitate FMLA, and they will send you paperwork to get filled out by her providers. So I went, submitted the claim prior to leaving, called on arrival, found a way to get the paperwork printed from the attachment (not so easy in a small town area) and attempted to get someone to fill it out. The hospitalist refused, but generated a letter on her discharge to cover my absence. The company refused to accept the letter, and wanted their pages of forms filled out. The papers were dropped off at her primary’s office. I returned home, and a week later my mom was re hospitalized for 10 days. The primary refused to complete all the pages stating she needed to be seen in clinic for the paperwork to be completed. But she was in the hospital! The next hospitalist refused to fill out the papers again stating the primary needed to be responsible. My mom went to rehab, and finally yesterday the papers were filled out by the rehab provider and faxed. The approval is still not in hand and will not cover my previous trip. This has been a month long process. I was unable to return for the second hospitalization as I did not have approval for the first. I have been unable to plan to return to facilitate her discharge to home early next week. Perhaps I will later in the week if approval is covered.
I am so upset, at what I perceive as the inability to exercise a federal right to care for ill family members. The time spent on faxing, phone calls, email to the company requesting extensions for approval is such a waste!
As this has been unfolding, I am composing a letter to my employer on this process in my head, but would like to hear how it is handled elsewhere.
My question, is what do other companies require in terms of approval, and what provider is ultimately responsible for filling out paperwork for family members who are trying to support the ill parent around a hospitalization. What paperwork is required, if any?
BTW, my mom is doing far better, but I don’t know how home will work for the long term.
Actually, it is my understanding that your employer really can’t ask for the nitty gritty specifics of a FMLA request. Basically that is a privacy issue.
Perhaps this varies depending on the human resources department…but I helped folks make these request for years. All they had to indicate was the general reason…caring for sick relative, medical issues for themselves (they did NOT have to tell what the were as this violated their right to privacy). The employee had to try the best they could to give an estimated amount of time they would be out…but really, this often changed based on circumstances.
Is there anyone at your company HR office you can speak to?
Also, what were you expecting? FMLA allows you leave for up to 12 weeks, but getting paid for it is a whole other issue which could very well vary by company.
Yes and at companies I have worked the language upon return is to the original job or a comparable job so read your handbook carefully. Also some companies may require you use your vacation and sick time before the FMLA kicks in. And finally yes, companies vary on compensation or not. This should be all spelled out on your company intranet or work with HR.
I am not interested in being paid. All I want is the approval so I can book a plane ticket and be there!!
I have vacation leave I could use, but would rather take unpaid leave. The previous time I took will be covered by my vacation pay, which I’d prefer to keep saved for vacation. I downsized houses so this would not be an issue! There is no extra pay from my employer for FMLA. I know my position is secure for the few weeks I would like to take. HR turns this business over to the subcontracting company but I am not sure if the expectations of the subcontracting company are reasonable or not, which is why I was trying to get a feel for what other companies require in terms of paperwork and who fills it out.
Thumper, very interesting on specifics not being required. I was thinking this was also a Hippa issue. This is four pages of information!!! Time needed for care, flare ups, intermittent care needs, all of which are difficult to predict in a declining 93 year old. Does your company require paperwork to be filled out from a health care provider?
My husband used FMLA and then disability from his company. As I recall, the fmla was straight foward request - only the short/long term disability required paperwork from doctors and using vacation days first. Also there was an ombuds-person who was amazingly helpful in untangling bureaucratic nightmare. CHeck with your HR department for help - make sure they realize this FMLA only - unpaid - and not a disability claim
When we used FMLA for our daughter the hospital did the form and it was very general. Basically it said that she was hospitalized and after being released would likely still require outpatient treatments. As I recall there was an option to estimate the length of stay or you could say unknown. Which I’m sure they did because we had no idea how it would play out.
BTW, I do not have the option of not using my vacation time. I used it all up and then went on unpaid leave.
FMLA leave is unpaid and your job is protected. Your HR department should ensure that you are not hampered in taking leave to which you are entitled under federal law due to insane paperwork. That is not the norm. (I am an HR lawyer- disclosure…)
For those requesting leave to care for a family member information may be requested on the family member’s medical condition. The operative word is “may” so your company’s benefit manager may ask for the maximum amount of information allowed (as opposed to the minimum). From the government;
If you feel that something is amiss related to federal requirements on how rapidly a company must respond to your request, I would ask your attorney or if your mother has an attorney, ask that attorney. I have an elderly family member that I have been (legally) responsible for during the past 4-5 years and typically I copy her attorney on every single thing I do related to her care mostly to cover my behind both at work and in my personal life and to create a record of care in HER file. Also if you are the primary caregiver and are so far away, you might want to work with her lawyer anyway to make sure you have all the proper legal forms to manage her care from far away. It is a HUGE job to be responsible for an elderly parent and doubly difficult without proximity. My siblings are so grateful that my proximity is better than “their” proximity across the country. Best of luck getting it all straightened out and the leave you need to figure out the care situation, it can be a very difficult time of life.
@MOWC, it has been over 7 years since I worked in HR, but isn’t it that they must have “your” job or a “comparable” job held open? I did not think FMLA required that the exact job be held open. Just curious if you have time to respond.
Oh, and OP I have found the medical social workers at the hospital to be infinitely helpful. If your mom is rehospitalized, get to know those folks is my tip for the day. They also tend to be the hospital department required to “follow up” on patients as rehospitalization rates are extremely important to hospitals (to keep that number down due to reimbursement requirements.) They may also be able to assist with required FMLA forms that you need completed…or at least they should be able to help find the right medical staff to complete.
When I needed to use FMLA, I elected to use the ‘intermittent’ option.
This required medical disclosure on my family member’s situation (intermittent, incapacitating therapies) and was approved in 6 month increments. This allowed me to leave and return for short times as the need arose and to attend meetings remotely. For my mother’s lengthy cancer treatments, I renewed 3 or 4 times.
^^That is a good idea mominva (the intermittent) because late at life people tend to lurch from crisis to crisis with gaps where they are pretty stable.
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I am so upset, at what I perceive as the inability to exercise a federal right to care for ill family members.
My question, is what do other companies require in terms of approval, and what provider is ultimately responsible for filling out paperwork for family members who are trying to support the ill parent around a hospitalization.
[/quote]
I understand your frustration, but the out of state (or instate for that matter) medical provider has nothing to do with your HR’s reporting requirements. Sure, they may complete them as a courtesy, but they have no business reason to do so.
bluebayou, I certainly understand that, and have sympathy for the busy providers who have better things to do than fill out my paperwork. I have offered to pay office rates if they will fill it out. Part of my question is what you bring up-they have no obligation, yet I cannot visit my family without the paperwork. There is a process disconnect here. I am trying to figure out where that process has broken down and how others work with that process.
As I work in healthcare myself, however, I have a personal commitment to easing the path for patients and families in crisis. The point is care for the patient and most of us take that that responsibility seriously. If I understood who was essentially responsible for the task, I would hold their feet to the fire to get it done for the sake of my mom who could use my help in understanding what she is facing.
I have asked for intermittent, and I think that is the paperwork that was faxed. However, there is no approval for my trip in August and that will be counted as an unexcused absence from work.
MomofWildChild, thank you! The paperwork is indeed hampering the process. I have a letter from the hospitalist for the time I was able to visit. Their refusal to accept that letter is part of the problem. They require their form, and their form only. I will use those words regarding paperwork in my letter to HR.
Though I am the POA for HC it is not activated. My sister is there, in state.
My mother has no attorney, and is not the sort to hire one. She only has a will and POA HC completed because I worked with her on those items. Good idea to keep careful records.
The choice of whether to use vacation, personal leave, unpaid leave, PTO, or whatever is not yours. Your employer can require you to use paid leave first in the order it determines. This is to prevent someone from taking unpaid leave for the term allowed by FMLA and then taking the sick leave or vacation leave, thereby extending the total leave (sometimes by months).
In your case, it can retroactively require you to use sick or vacation leave for the August absence and count those days as part of the total FMLA time. Several states have state FMLA statutes too. You might be able to use that law to your advantage.