Fmla and short term disability

timetobebrave70

Hi. I was diagnosed with left breast. IDC. triple positive. Tumor 1.7 Cm. I am doing bilateral mastectomy on so I don’t have to worry about the other breast. Definitely chemo, herceptin for a year and no radiation unless lymph nodes comes back positive.

My question is, who fills out the fmla and short term disability? I have 3 doctors. Breast surgeon, plastic surgeon, and oncologist. I want as much time off as I can. I stand for 8 hours and have to deal with smoke and drunk people. I can’t handle that going through chemo.

NancyHB

I was required to apply for FMLA by my employer shortly after diagnosis. I used intermittent FMLA during chemo (so I could take off the infusion day) but otherwise I able to work through chemo, so my MO completed the paperwork for that proof. I had to use full FMLA and LTD for my surgery so I had my PS complete that paperwork. FMLA is unpaid so I had to use all my sick time (considered short-term disability on my job) then flip over to LTD (which I paid for like an insurance benefit). Even then I only received partial pay so I had to limit my time off. I originally asked for 8 weeks, but when I had an infection and landed back in the hospital my PS was able to amend my paperwork to request 10 weeks off, with no problems. By the time I returned to work I was at the end of the max of 12 weeks for FMLA.

It can take a couple weeks to get the paperwork completed so I suggest starting as quickly as you can.

Rambros

I stayed home thru all treatment- surgeries, chemo, radiation. First Plastic Surgeon filled out paperwork to be out of work, then onc filled out amended paperwork and last the radiation onc.

Don’t feel bad about taking the time to rest - if you have the disability coverage and an employer who will allow you to keep your job even if you’re out more than 12 weeks, take advantage of that! Now is the time to be a little selfish and put yourself first

Beatmon

I would ask my oncology office. I saw thst Dr the most. Remember, it is important to you...sometimes you have to stay on staff to get stuff done. The nurse will probably fill it out and Doc review and sign. I’ve read recently that there have been offices charge for doing that so don’t be surprised

NancyHB

I agree with Rambros- take advantage of whatever time your employer will allow. My employer is generous, within the constructs of the law, so anything after 12 weeks would have significantly impacted my ability to return to my current position. It was not a significant challenge for me to work through chemo, but that’s not the case for everyone so you need to do what’s best for you.

timetobebrave70

Thank you all for such informative feedback. My job allows 12 weeks of FMLA ( which i have already used up 2 weeks intermittently). I thought the same way as Beatmon. Since i will be getting chemo, herceptin, and maybe radiation, the oncologist would know the best the Duration, I would be seeing her the most and till the end of my treatment.I was hoping that way, she could estimate my return and if i am able to go back early then that's not a problem. But the PS will fill it out first (up to 6 weeks) and then the MO will amend it accordingly depending on the treatment plan after she sees my post surgery pathology report. I was hoping ii wouldn';t have lapse in my short term disability payments. Well, it is what it is. If I go over the 12 weeks FMLA, i would have to go on ADA leave and will still get paid short term disabiluty up to 6 months and Long term disability if more than that. I am going to take as long as I can off doing all this treatments. I won't be able to work. I don't know how other brave women do it. Bless them all and bless you. thank you again.

Castigame

timetobebrave70,

I would like to add my 2cents. Radiation could suckerpunch in terms of fatigue. I was off from work total of 46 wks. One thing I think i did right was letting my co-workers and my unfriendly mgr know I was alive by sending them emails and occasional visits. My unfriendly mgr had no choice other than taking me back.

Wish you speedy recovery.

SpecialK

time - make sure you have discussed the ADA accommodation and your employer is amenable, it is somewhat discretionary for them if your absence will mean increased cost for them at that point. I had this same situation for my initial surgery, for which I thought I would be off 5-6 weeks and then intermittently through chemo (I am TP also), but that first surgery quickly spawned 4 additional ones and I used all 12 weeks of FMLA and all my short-term disab before I even had the first chemo and Herceptin. Fortunately, I was able to get an ADA accommodation because another lab's personnel had been displaced and the new lab had construction delays so they all took turns doing my job with no cost to the company. I had long term disab along with the ADA, and returned to work 30 days after my last chemo, while still on Herceptin. I also had the surgeon fill out the first set of paperwork and oncologist added the amendment - my MO was also not a fan of my working in a bio-hazardous environment in the hospital during chemo, so it all worked out. Good luck and come over and see us on the TP thread!

edwards750

Castigame - you are too funny girl. Your unfriendly manager..I can relate a bit. I was working 3 nights a week at FedEx when I was DX and my job was located multiple miles from home in not the best part of town.

The job paid well and the benefits were great and I liked my job but my bosses were another story. Constantly criticizing everything. Stress level was off the chart. When I told one of my bosses about my DX she was actually very understanding because her mother had BC but once I had to miss work for my surgeries and then rads it was a different story. It was a supplemental job so they could literally let you go with/without cause.

I appealed to the CEO and his assistant called me and said I could go back whenever or if I wanted. It was only then they called to see how I was.

My DH and I ran the numbers and decided the mileage, gas, wear and tear on our car among other things wasn’t worth it. I was already getting early retirement money anyway.

It’s shameful your manager treated you that way but good for you you got the last laugh.

Diane