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Raising Special Needs Kids Raising Special Needs Kids

FMLA denied.

Posted by on Jan. 14, 2014 at 9:29 PM
  • 14 Replies
I have a 10 mo old dd who has Down Syndrome. I applied for and received fmla through my job when she was a few months old. I used it for her PT, eye Dr, cardiologist, and ENT. My company went to a new system that goes January to December instead of a rolling yr. I re applied. They are saying that all her appointments are preventative and they don't cover that. DS isn't a "condition" , she is no different than any other child and I can't just take her " Willy nilly" to any Dr and have them give me time off.( unpaid btw) I tried to explain all the things she is screened for, the health issues she could develop etc. Anyone else had this issue ?
by on Jan. 14, 2014 at 9:29 PM
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Replies (1-10):
arkansasmama08
by Gold Member on Jan. 14, 2014 at 9:45 PM
Wow..

DH's job gave him an intermittent loa for him to use when I HAVE to have him cover therapies or come with me to evaluations or appointments. Its a short term thing, so he has to reapply every 3-4 months I think. He doesn't get paid for time missed, but it doesn't hurt hid attendance record either.

I don't think they can either ask for specific reasons or deny you because they don't think its a necessity. You have a child with developmental and medical issues. That leads to time lost for Dr appointments. I would check the ADA website and double check.
mandee1503
by Amanda on Jan. 14, 2014 at 10:14 PM
No experience. But I'm sorry that happened.
Momof4AEMW
by Gold Member on Jan. 14, 2014 at 10:15 PM
2 moms liked this

I would talk to your Human Resources department and ask for the FMLA policies in writing.  Each company, each state, etc is different, so it is hard to say.  Many will only give you one round of FMLA the entire employment, some are every so many years, some are once per year, all have their own rules/restrictions to the policy that vary (depending on the number of employees, private/public company, non-profit, etc).  I use to be a manager and had to deal with this with employees all the time.  My hubs and I even worked in the same building for a while and if one of us used the FMLA for the family then the other one was not allowed to, it's like theirs was voided.  Where we worked, it had to be an unexpected medical condition, surgery, birth of child, accident, something just really out of the ordinary, etc but not the day to day cares unless for a terminally ill person.  So I get what they are saying in that your daughter's cares are 'regular/preventative' appointments.  It's not like she's going through surgery and you need 6 weeks off, she's not terminal and needing chemo treatments weekly or something, etc.  So I get it.

That being said, I'm not saying I agree with it.  And I will tell you I have 3 SN children, and one with down syndrome, so I support where you are coming from 100%!  What may be a 'preventative' appointment becomes something so much more when you're speaking of the downs population and there are so many more tests and departments you have to have your child checked out by, on such a frequent basis, and what starts out as routine turns into anything but.  It is A LOT of time away from work.  I get it and believe me am sorry.  I'd start with HR and get their policies in writing and see what you are really facing.  If you think you are within your rights still to request FMLA after reading your work policy, I'd acquire legal advice.  Sorry you are going through this.  Like you need one more thing.  Please let us know how it works out.

momalee40
by New Member on Jan. 14, 2014 at 10:19 PM
Quoting Momof4AEMW:

I would talk to your Human Resources department and ask for the FMLA policies in writing.  Each company, each state, etc is different, so it is hard to say.  Many will only give you one round of FMLA the entire employment, some are every so many years, some are once per year, all have their own rules/restrictions to the policy that vary (depending on the number of employees, private/public company, non-profit, etc).  I use to be a manager and had to deal with this with employees all the time.  My hubs and I even worked in the same building for a while and if one of us used the FMLA for the family then the other one was not allowed to, it's like theirs was voided.  Where we worked, it had to be an unexpected medical condition, surgery, birth of child, accident, something just really out of the ordinary, etc but not the day to day cares unless for a terminally ill person.  So I get what they are saying in that your daughter's cares are 'regular/preventative' appointments.  It's not like she's going through surgery and you need 6 weeks off, she's not terminal and needing chemo treatments weekly or something, etc.  So I get it.


That being said, I'm not saying I agree with it.  And I will tell you I have 3 SN children, and one with down syndrome, so I support where you are coming from 100%!  What may be a 'preventative' appointment becomes something so much more when you're speaking of the downs population and there are so many more tests and departments you have to have your child checked out by, on such a frequent basis, and what starts out as routine turns into anything but.  It is A LOT of time away from work.  I get it and believe me am sorry.  I'd start with HR and get their policies in writing and see what you are really facing.  If you think you are within your rights still to request FMLA after reading your work policy, I'd acquire legal advice.  Sorry you are going through this.  Like you need one more thing.  Please let us know how it works out.

letstalk747
by Joy on Jan. 14, 2014 at 10:26 PM

whoa , can you have  her DR./S   write a letter of need for this that would qualify her to get this ?

Codysmom2106
by Bronze Member on Jan. 14, 2014 at 10:27 PM

Wow! That's crazy! I don't have any experience with this but I hope you are able to get it worked out. Those appointments are important and can't be missed.

momalee40
by New Member on Jan. 14, 2014 at 10:28 PM
What's funny is in a way I get what they are saying but then again, it upsets me that the person I spoke to keeps insisting my dd is just a normal baby. It's so hard to walk the line between wanting her to be treated as normally as possible, but also needing to have it recognized that she isn't normal by most standards. All of the things I'm doing are to hopefully prevent her from developing more serious issues. I try to make every appointment as late as possible because I can't afford the time off, but some of them it's not possible. I get off work at 3 and all her appointments are at least 30 minutes to get to, plus time to pick her up from the sitter etc... We are blessed that she has been very healthy. We are seeing fewer and fear Drs, but, there is still so much !!
Mipsy
by Chelle on Jan. 14, 2014 at 10:48 PM
did you apply for intermittent fmla or constant fmla? Intermittent will allow you to intermittently take time off for whatever your child needs but that also depends on what your child's Dr has filled out too.
darbyakeep45
by Darby on Jan. 15, 2014 at 6:21 AM

I'm so sorry this is all happening mama!  Big hugs!

jjamom
by Michele on Jan. 15, 2014 at 9:19 AM

Wow, that is crazy!  I think Momof4 gave great advice for where to start.  

Does your daughter have a heart defect, sleep issues, etc?  If so, she needs monitoring by these doctors and it is not merely preventative, and neither is PT really.  I am shocked that they are making you justify these appts, that seems absurd.  I'd definitely check into what the guidelines are for intermittent FMLA.

I truly sympathize.  When my son (who also has DS) was younger, there is no way I could have worked and kept a job between therapies, doctors appts and hospitalizations.  Luckily, I was already a SAHM at that point.  This is the purpose of the FMLA!  So that you can KEEP your job and be able to care for your child.  I hope you get to all worked out.  

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