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Author Topic: My FMLA is still pending... AFTER 2 YEARS.  (Read 2038 times)

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Offline DingoBoi

  • Member
  • Posts: 1,355
  • Bailey's Infected Cream™ Served since 2004
My FMLA is still pending... AFTER 2 YEARS.
« on: April 19, 2007, 11:15:33 PM »
I am extremely frustrated with the company I work for.

My family medical leave (FML) will have been pending for 2 full years as of May 10.

My original doctor, and my current doctor have repeatedly signed off and approved it based upon being hiv positive and that I have problems like diareah and fatigue which may precude being at work on time.

My company has denied both of their certifications.  The have a 3rd party medical company they 'made' me submit my records to for review, who the company also says denied it.

I requested a Independent Medical Exam as possible under the law to see a 3rd party doctor who would make a non-binding decision at my company's expense.  The doctor told me at the exam that he was approving it because I was wacked out on sustiva and it was causing both sleep issues which led to constant fatigue and exhaustion and the squirts.

When the report came through, he denied it as 'he could not determine if it was hiv or underlying causes'.

Because that was denied, the final recourse is to go to another 3rd party doctor who would make a binding decision on whether my fmla is to be approved or not.

My company scheduled an appointment with a doctor for me and I told them I would not see the doctor they selected (within my rights as both parties must agree on the binding doctor).  This was primarily due to him, while being an infectious disease specialist, only treated about 14% of his patients who have hiv and the majority not in my age bracket.

Haven't heard anything for over six months since then.

So I go to work everyday wondering if I am going to be fired for absenteeism or tardiness.  Going on 2 years now which is not good for stress.

My company has a noted history of doing things like this to virtually everyone who makes an FML claim.  Probably because they realize that somebody who would claim FML will have very high medical and Rx bills, which I do.

I know of no time-limit provision in the FML law, but would expect that there is some wording that the provisions must be executed in a reasonably timely manner.  Is 2 years reasonable for this to still be going on?

I know I can make a complaint with the department of labor and eventually will.  I originally pursued fml as a way to avoid being fired due to our attendance policy which has just been phased out, so being fired will shortly no longer be an 'imminent' and direct threat, so even if the 3rd and final review is denied, they can't fire me outright for attendance issues as of about July due to the way the attendance policy is being phased out, though our attendance will now afffect our raises and compensation.

So, while I am pissed it has taken 2 years, I'm somewhat content to 'let it ride' till I'm out of immenent danger which I can do even if/when they present a new 3rd doctor to me (which I'll also refuse).

Of note, I was approved under the American's with Disabilities Act (ADA) for several workplace modifications including being seated near a toilet (due to diareah), switching my core job duties to a different position to reduce stress and switching to a later shift before any of this FML stuff even started.

Of my claim, it really comes down to side effects I'm experiencing which I have been treated for specifically such as depression, fatigue and the squirts and which all continue in varying amounts... more at times.. less at others, but constant.

How can a doctor say I'm not experiencing these common and well known issues? 

What recourse legally, if any do I have?   I know the law is structured so that there really aren't punitive damages but this is getting rediculous.

Help me.

« Last Edit: April 19, 2007, 11:19:46 PM by DingoBoi »

Offline milker

  • Member
  • Posts: 4,034
  • Protected phone sex
Re: My FMLA is still pending... AFTER 2 YEARS.
« Reply #1 on: April 19, 2007, 11:24:15 PM »
Section 102.D is subject to interpretation. I'm sure you qualify and there must be thousands of examples. Sounds like you need to contact a lawyer. Sucks :(

Milker.
mid-dec: stupid ass
mid-jan: seroconversion
mid-feb: poz
mar 07: cd4 432 (35%) vl 54000
may 07: cd4 399 (28%) vl 27760
jul 07: cd4 403 (26%) vl 99241
oct 07: cd4 353 (24%) vl 29993
jan 08: cd4 332 (26%) vl 33308
mar 08: cd4 392 (23%) vl 75548
jun 08: cd4 325 (27%) vl 45880
oct 08: cd4 197 (20%) vl 154000 <== aids diagnosis
nov 2 08 start Atripla
nov 30 08: cd4 478 (23%) vl 1880 !!!!!!!!!!!!!!!!!!!!!!!!!!
feb 19 09: cd4 398 (24%) vl 430 getting there!
apr 23 09: cd4 604 (29%) vl 50 woohoo :D :D
jul 30 09: cd4 512 (29%) vl undetectable :D :D
may 27 10: cd4 655 (32%) vl undetectable :D :D

Now accepting applications from blowjob ninjas™

Offline DingoBoi

  • Member
  • Posts: 1,355
  • Bailey's Infected Cream™ Served since 2004
Re: My FMLA is still pending... AFTER 2 YEARS.
« Reply #2 on: April 19, 2007, 11:55:24 PM »
Well, I AM crazy.  I'm sure there are many people here who would testify I'm mentally unbalanced.

Offline RapidRod

  • Member
  • Posts: 15,288
Re: My FMLA is still pending... AFTER 2 YEARS.
« Reply #3 on: April 20, 2007, 12:47:41 AM »
Bailey, if you insist, I will claim that you are one crazy mother f**ker and that you are capable of going postal on them.  ;D

Offline Rainbow1

  • Member
  • Posts: 34
Re: My FMLA is still pending... AFTER 2 YEARS.
« Reply #4 on: April 20, 2007, 02:13:34 AM »
sorry to hear you are still having problems, sounds like you might need a lawyer to get it taken care of

Offline DingoBoi

  • Member
  • Posts: 1,355
  • Bailey's Infected Cream™ Served since 2004
Re: My FMLA is still pending... AFTER 2 YEARS.
« Reply #5 on: April 20, 2007, 03:03:14 AM »
We are having our local 'aidswalk' in orlando this Saturday.   I think this may be a coming out for me as I want to plaster it on my Hewitt shirt, as well as the fact that they are denying my fmla for 2 years now.

I'm so very tired of hiding and being ashamed and not standing up for myself.

If I don't, who will?

Offline milker

  • Member
  • Posts: 4,034
  • Protected phone sex
Re: My FMLA is still pending... AFTER 2 YEARS.
« Reply #6 on: April 20, 2007, 09:30:45 AM »

If I don't, who will?
RapidRod will.

Milker
mid-dec: stupid ass
mid-jan: seroconversion
mid-feb: poz
mar 07: cd4 432 (35%) vl 54000
may 07: cd4 399 (28%) vl 27760
jul 07: cd4 403 (26%) vl 99241
oct 07: cd4 353 (24%) vl 29993
jan 08: cd4 332 (26%) vl 33308
mar 08: cd4 392 (23%) vl 75548
jun 08: cd4 325 (27%) vl 45880
oct 08: cd4 197 (20%) vl 154000 <== aids diagnosis
nov 2 08 start Atripla
nov 30 08: cd4 478 (23%) vl 1880 !!!!!!!!!!!!!!!!!!!!!!!!!!
feb 19 09: cd4 398 (24%) vl 430 getting there!
apr 23 09: cd4 604 (29%) vl 50 woohoo :D :D
jul 30 09: cd4 512 (29%) vl undetectable :D :D
may 27 10: cd4 655 (32%) vl undetectable :D :D

Now accepting applications from blowjob ninjas™

Offline budndallastx

  • Member
  • Posts: 463
Re: My FMLA is still pending... AFTER 2 YEARS.
« Reply #7 on: April 20, 2007, 09:47:26 AM »
Check out the remedies available to you on this link... http://www.dol.gov/elaws/esa/fmla/fc.asp
Meds since: 11/20/2006
Sustiva / Truvada
12/08/2008 VL:<48 CD4 622 (38%)   
9/8/2008 VL:<48 CD4 573 (30%)
5/2008 VL:<48 CD4 464 (30%)
1/2008  VL: <50  CD4 425(28%)
9/2007   VL: <50  CD4 465 (27%)
6/2007   VL: <50   CD4 443 (26%)
3/2007  VL: <50   CD4 385 (25%)
12/2006 - VL: <50   CD4: 384 (25%)
11/2006 - VL:  22K  CD4: 208 (18%)

Offline Nico

  • Member
  • Posts: 262
Re: My FMLA is still pending... AFTER 2 YEARS.
« Reply #8 on: April 20, 2007, 09:58:20 PM »
Baily,
I knew it was the cursed broker house from hell.  If you are licensed, you should know your FLMA is approved with you diag.  What is the issue?  Under FMLA, you qualify for thirteen weeks once each year (after one year of continuous employment)  for a mental or physical issue.  You have both (from the pic's you posted).  Just calling in sick for one day qualifies you for an FMLA day if you file with a Dr's verification.  Hell, I have used it for years. 

I don't get the problem and I am licensed in your state for the past ten years.  It does not add up.

Is there more?
Rog

 
Poz since 1990.

Offline DingoBoi

  • Member
  • Posts: 1,355
  • Bailey's Infected Cream™ Served since 2004
Re: My FMLA is still pending... AFTER 2 YEARS.
« Reply #9 on: April 20, 2007, 10:19:23 PM »
no, i am not licensed.  I don't broker.  I'm more customer service, balances, distributions, loans, hardships.

We don't provide investment counseling or advice.

But being licensed or not, has no bearing on fml.

My company sucks is the issue.  They have repeatedly used this tactic on virtually everyone I've spoken with who have claims FML. 

Delay, delay, delay until you quit or get fired.

And it seems there is little recourse to what they are doing.


Offline Nico

  • Member
  • Posts: 262
Re: My FMLA is still pending... AFTER 2 YEARS.
« Reply #10 on: April 22, 2007, 04:01:41 PM »
Well Baily,
I did not say you had to be licensed to get FMLA which you imply I said - third sentence.  If you are denied, they must give you a reason in writing and it does not take two years.  Have you complained to the Dept of Labor in Florida?  If not, start there.

Good luck
Rog 

Poz since 1990.

 


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