Migraine

Hi everyone

I have been granted FMLA by my neuro. I do not abuse the days and need only maybe 3 every 6 months.

My employer has gone from ..get a doctors note.. to ..you need FMLA.. to ..you need a doctor's note in addition to FMLA ..to now wanting recertification every 30 days. This all happened after a change in management. (My prior boss always agreed if I finished all of my insurance cases i could leave if I felt unwell. I did not take advantage of the situation.)

I now face disciplinary action on return from each absence for a migraine. I may have been in the ER receiving IV fluids and medication the night before until 3am but I would rather go to work sick and in pain than risk my livelihood and professional reputation.

My boss does not get this disease at all. If I attempt to work with a migraine and finish my work and then leave my present boss will tell me she suspects I must have had some " sugar" to trigger my headache. We are nurses and she is truly narcissistic enough to believe herself. She has diagnosed my trigger to be sugar since I have been on a weight reduction program for the past 1.5 years. ( and suceeded in losing a lot of weight).

My triggers are barometric pressure, nitrates, msg, perfume, hormonal fluctuation and food additives such as artificial sweetner. I have yet to identify "sugar"

I have told the hospitals HR staff I feel harassed by the fact I am unable to utilize my FMLA time without constant harassment and the one upmanship of needing to prove my disability further and further each time.

I really do not know where to draw the line. I have considered an attorney, but, and I mean but, I do not want to lose a job I otherwise really have a comfort level with.

I really want equilibrium with my migraine and career and I am not sure what to do with this monster boss.

Is a lawsuit the only way out?

Missygirl,

Wow, what a mess. I do not know alot about FMLA and others will come along that do. But I do have some questions you may or may not have asked?

-What did HR tell you about the additional documentation your boss is requesting when you take FMLA? Did they say s/he could require that?

-Did HR validate that your boss can ask for re-certification of the FMLA every thiry days?

This just sounds odd. I would think that HR would have very set process for FMLA and that individual bosses cannot make their own rules about it.

I hope others are along that have more knowledge on the subject.

Cindy

Hi Missy -

Here are a couple of resources for you from the Department of Labor:

FMLA Fact Sheet

And

FMLA Frequently Asked Questions

As I read it, your employer can ask for re-certifications under the Act, but the 30 day re-certification provision looks to me like it's intended for situations where someone is actually on leave for a continuous 30 days, not for intermittent FMLA. I'd have to do more research to see how it gets applied in this sort of situation.

It would be a very good idea to consult an attorney - that doesn't mean you have to file a lawsuit, but you could get some more guidance about how the act applies to your situation, and help you strategize how to deal with your employer. The most important thing to remember is that it is unlawful for your employer to interfere with your rights under FMLA!

- Megs

Megs gave you some great advice (and links). I also wanted to point you toward an attorney who deals with chronic illness patients and may be able to help you out.

Advocacy for Patients with Chronic Illness

you guys are soo great

and to answer Cindy

HR has had no interest in protecting my rights at all.. they are the ones making the whole issue so circular. I had thought once it went to HR it would end. They did initially ask for the FMLA .. but they apparently no intention of stopping the behavior on her part since every time she does something they agree I will have to comply.

I will do what I have to to keep my job. I really just want to not be harassed and not be made to feel guilty and shamed every time.

Thank you all for the links.

I will be exploring them in depth.


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Morning Missygirl,

I came across another items to share with you. I Googled FMLA in Maine. Hits came up for both leave and intermittent FMLA for your state. Neither article had a ton of information, but it did clearly state that Maine has modified the Federal Rule.

For example with intermittent FLMA an employee is required to call in just as they would for any illness per the company's policy. You would probably be wise to talk to someone familar with your specific states rules.

Also my company just anounced with our new benefits that there is a Patient Advacate available to us. Does your company have anything like that? Also your company might have an Employee Assistance Program (EAP) that has all sorts of resources. If you have that they may very well have services that can help you navigate this.

Good luck and stay in touch with us. We're here for help and support.

Cindy