Can i use FMLA for problems with my teeth?

Mel

FMLA requires that you provide a statement from a health care provider which indicates that you must take leave time. Dentists count as "health care providers" under Federal law.

Check with yoru employer to see what they will require from the provider to initiate a leave. some companies have their own form that must be completed by the provider, while others are fine if you just brin gin a note.

FMLA can also be used intermittently rather than all at once - so you could take off one day to get a root canal and then a second day a week later to have the crown fitted, etc.

Hope you feel better soon. :(

HRGal

To be eligible for FMLA benefits, an employee must:
work for a covered employer;
have worked for the employer for a total of 12 months;
have worked at least 1,250 hours over the previous 12 months; and work at a location where at least 50 employees are employed by the employer within 75 miles.

In your case FML would be for your own "serious health condition". To determine if your condition is "serious" or not take a look at Fact Sheet #28: The Family and Medical Leave Act of 1993 available on www.dol.gov.

The best thing to do is go see your HR person. They will give you a form to have your healthcare provider fill out. I have yet to give paperwork to an employee whose doctor didn't fill it out so that they qualify (whether they TRUELY did or not).

Be advised your state may have more employee friendly leave laws than the federal one so ask about that as well.

sandg94

Yes! You have up to twelve weeks, but remember, it only protects your job, and you won't get paid for it unless you use your sick leave, vacation time, or donated leave if available.

CatLaw

If your employer offers FMLA, your teeth problem should qualify. FMLA does not require that you be paid your salary, only that you can return to your job. If your employer offers short term disability, you may be financially better of using that. Check with your employer's human resources department to see what they offer. FMLA is not mandatory for all employers.

shelcom

That's a medical issue, and should be fine.

thealphafemme

1) Does your employer offer/qualify for FMLA? (i.e. employe more than 50 employees)

2) Do YOU qualify for FMLA? (i.e. have you been employed for over a year)

(From the DOL site) "Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles."

3) Do you consider this condition a "serious health condition" which, by the FMLA definition, would require you to be off work for 3 consecutive days or more?

(From the DOL site) "A period of incapacity requiring absence of more than three calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of ) a health care provider"

So - as long as your employer offers FMLA, you personally meet the eligibility requirements for FMLA, AND your condition will keep you off work for more than 3 days - then you have a medical condition which would qualify you for FMLA leave.

On another note - FMLA is not an either/or with Short Term Disability or any other leave - but the leaves are.

In other words - you don't choose one or the other. You can take FMLA qualifying leave by itself, or you can take it concurrent with STD, vacation, or sick leave.

However, most employers will not let you take vacation, sick, etc.. and then take the additional time off unpaid as FMLA over and above the leave you've already taken.

FMLA is designed to protect your job, for up to 12 weeks (as medically necessary, not at your leisure) and this is unpaid time off (except in CA I think).

Also - STD usually requires a waiting or elimination period of 14/15 days before benefits kick in and pay out at 60% of your normal wage... probably not something you are going to use for a dental procedure.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: