CALLING ALL STAGE I SISTERS
Comments
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VegasDiva, there is a law which covers the Family Medical Leave Act (FMLA). There is something in it called Intermittent FMLA. My employer states that you cannot take unpaid leave for any reason unless you use up your PTO. I was having difficulty getting them to approve my leave for doctor appointments, not only because I might not have the leave time available, but because they wanted me at work on certain days of the week. I finally wrote a letter to HR to request Intermittent FMLA. They had never dealt with that before and they took nearly a week to get me paperwork for my dr. to fill out. Be aware there are rules of timing that you and your employer must follow. I believe the employer must proved the paperwork within 48 hours and your must return the completed paperwork within two weeks.
Anyway, my doctor filled out the paperwork, letting them know the estimated amount of time or days I would need to cover surgery/recovery, tests and appointments. I returned it and now I don't seem to have difficulty getting time off, no matter what day. I have the option of keeping up to 40 hours of PTO in my bank, but have to use PTO over 40 hours first before I opt for time without pay.
I have my all my different doctors appointments and test covered, and it has sure made things easier. They don't dare deny me access to my medical treatment, now that it is in my personnel record.
Good luck.
Meece
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here is info on FMLA. I am the FMLA guru, so PM me if you need more info. I took FMLA to care for my spouse w a chronic condition. 8 hrs/wk unpaid, but benefits remained as full time. I was offered vacation time to pay for the 8 hrs but did not opt for that. You get 12 wk/yr, 480 hrs. I took 8 hrs/wk x 52 wks which equalled 400 plus hr of unpaid time. Dept of Labor (DOL) has the guidelines.
Wage and Hour Division (WHD)
Family and Medical Leave Act
Overview
Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:
- for the birth and care of the newborn child of the employee;
- for placement with the employee of a son or daughter for adoption or foster care;
- to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
- to take medical leave when the employee is unable to work because of a serious health condition.
Key News
- The Department of Labor's Wage and Hour Division published a Final Rule under the Family and Medical Leave Act. The final rule became effective on January 16, 2009, and updates the FMLA regulations to implement new military family leave entitlements enacted under the National Defense Authorization Act for FY 2008. It also includes revisions in response to public comments received on the proposed rule issued in February 2008. The Federal Register Notice and related documents are available at Wage and Hour's FMLA Final Rule website. (November 17, 2008).
- The President signed into law H.R. 4986, the National Defense Authorization Act for FY 2008 (NDAA), Pub. L. 110-181. Among other things, section 585 of the NDAA amends the Family and Medical Leave Act of 1993 (FMLA) to permit a "spouse, son, daughter, parent, or next of kin" to take up to 26 workweeks of leave to care for a "member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness." The NDAA also permits an employee to take FMLA leave for “any qualifying exigency (as the Secretary [of Labor] shall, by regulation, determine) arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.” By its express terms, this provision of the NDAA is not effective under the Secretary of Labor issues final regulations defining “any qualifying exigency.” Additional information and a copy of Title I of the FMLA, as amended, are available on the FMLA NDAA Web site. (January 28, 2008)
General Guidance
- Compliance Guide to the Family and Medical Leave Act (a revision is coming soon )
- Special Rules for Returning Reservists under USERRA
- Military Frequently Asked Questions (PDF)
- Non-Military Frequently Asked Questions (PDF)
Fact Sheets
- Fact Sheet on the Final Rule
- Fact Sheet # 28: The Family and Medical Leave Act of 1993 (PDF)
- Fact Sheet # 28: The Family and Medical Leave Act of 1993 -Spanish (a revision is coming soon)
- Fact Sheet # 28A: The Family and Medical Leave Act Military Leave Entitlements (PDF)
- Fact Sheet # 44: Visits to Employers (PDF)
e-Tools
- elaws Employee/Employer Advisor (a revision is coming soon)
- Federal vs. State Family and Medical Leave Laws (a revision is coming soon)
Posters
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Hey Harley!! Welcome to our thread! I wish you better luck on the Femera.
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Hi, I'm a Stage 1, grade 2 and celebrating my 6th anniversary on 12/24/09. I know, Christmas six years ago sucked. I wanted a watch, got a tumor instead. I read your post with great interest as I just found out that I might qualify for a reconstruction. I had no idea until yesterday when I read another post talking about it. I had a lumpectomy, chemo and radiation that has left my breast "dented". It actually looks like a huge shark bite! What I wonder is if insurance companies pay for surgery on the good breast in order to provide symmetry?
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katgirl:
My understanding is that insurance companies are obligated to pay for surgery to provide symmetry. In my case, the insurance company paid for my bilateral mastectomy and recon(I'm still in the recon phase). I only had cancer in my left breast but they paid for the right one also. Although your situation is different than mine, I know that people on these boards have had the other breast augmented or lifted to provide symmetry.
I'm so sorry that your Christmas 6 years ago was so rough. Congrats on your 6 year cancerversary tomorrow! Maybe this year Santa can bring you breast reconstruction!!
Have a great holiday!
TCK
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Hi Vegas Diva- I had a similar experience to Susu... and I was 36 at the time of treatment. If your company has over 50 employees and you have been there for 1 year, you should be protected under FMLA. FMLA is an unpaid but protected leave status. If your state does not have a state disability plan, your company most likely offers one where you would get paid through the insurance or the state... double check. As well, you should be able to use your sick time and not your vacation time for this... as this is no vacation. Please PM me if you need clarification on anything.
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Our company got around the sick time vs. vacation by offering only PTO (Paid TIme Off). Yuo use it for vacations or illness, your decide.
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katgirl,
Yes, I believe that insurance companies WILL pay for reconstruction on BOTH breasts, in order to provide symmetry. My surgeon mentioned this to me, when he was laying out all the options.
Sheila,
I am worried about starting an AI when I ALREADY have osteopenia in my hip... it will only get worse on the AI... so I am wondering if it is worth it to take a drug which scares the bejesus out of me, with all the se's, or should I just trudge thru on Tamoxifen for the rest of my 5 years??
I guess I'll try it, and if I can't tolerate it, then I'll go back to Tamoxifen.
Linda,
Hey, great to see you!! I did have a bit of a rough time at first with Tamoxifen. It caused my endometrial lining to thicken, and I had these uterine polyps. I had a D & C, and the pathology came back benign. But, it hurt so bad, so I never want to have to go through that again!!
HannahBearsMom:
I remember you from the Tamoxi-train!!
You may not have to switch to an AI, if you do ok with Tamoxifen. My onc. just wanted to switch me, probably because I was adamant about NOT having to have a D & C again, from the se's from Tamoxifen. Also, there were some studies which suggest that maybe it's beneficial to start on Tamoxifen for two years, and then to switch to an AI. We shall see...
Hope everyone has a Happy Holiday Season!
Merry Christmas and Happy New Year! May the New Year bring each and every one of you much happiness!! May we dance with NED forever!!!!
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I had recon last month for symmetry. I got the EOBs from the hospital, my PS, and the anesheiologist and I had to pay zero out of pocket. I may have to pay for some labs, but everything has been covered by insurance.
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grama5: why tamoxifen? Us post-menopausal gals usually take and aromatase inhibitor?
Sue-61 -- Wow! that should be it's own thread, I am sure many need that info.
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When I was looking for information about FMLA in September I started a thread,but it didn't draw much response. Actually 3 posts from two people. I just started looking over the net for information and I was able to come to my employer well informed, and actually more informed than HR.
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I don't know, why tomox. She just said that it was her drug of choice for me. I'm going to have to ask her. The idea of endrometreitis or polups does not sound good. she knows i still have my parts abd i sure don't want a hysterectomy on top of all this. I got until march to learn more from all of you. Thanks for the info
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grama5...My sister you mentioned your age so you are post menopausal.
There is Arimidex and Femara that i know for PM women. Could be that these new drugs don't have generics yet and are very expensive?..Even so thats your insurance. If you are on Medicare could it be they don't cover it? I'm just trying to understand why a woman your age and my age (I'M 58) should be spotting.
Now that you will be gathering lot of info from these boards, make a list of questions for your DR.
Good Luck and welcome to our friendly and knowledgeable group. Ladies here have plenty of experience to answer some of your questions.
Sheila
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I agree Sheila, woman our age should not be spotting. When I visit my oncologist she always ask me that question, "Any spotting or bleeding?" I said, "No, but should I be alarmed if I was?" She said, "It would have to be checked out."
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Deb...My oncologist never asked me that but he always asks if I have any issues.
If i was spotting there believe me I would be in his office asap. my period stopped July 2004 and it never came back after.
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Thanks to all of you who responded about the FMLA. Yes, of course my company has that, but the key word there is "UNPAID". I am the only source of income and I barely make it each month paying the bills. Time off without pay is not an option for me. My boss's boss was outraged when she heard what HR said. She told me to play whatever game HR wanted. How ridiculous. Instead of just paying me for 7 medical days, now they will pay me for 6 weeks of disability and if they hastle me about going out every 8 days, then the onc will just write me out of work for the entire 3 months. I am in the legal dept of a huge insurance company so when my big big boss talks, people listen. 2009 is when this new ridiculous medical absence policy started. Before that you could get a paid day here and there for things like colonoscopys, stress tests, etc. Now they are punishing everyone for the few who abused the system.0
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MERRY CHRISTMAS EVE EVERYONE!
I have to figure out how to post pictures!!!
Love you all sisters!
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Merry Christmas Eve, everyone!!!
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Thanks, Meece, for your talents in posting such a lovely pic. I echo your sentiments. MERRY CHRISTMAS to all my sisters!
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Merry Christmas Everyone!
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Hope everyone has a wonderful Christmas Eve. I am going to spend it with my cousins. We celebrate the feast of the 7 fishes. Mmmm, I can't wait to eat!!0
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Merry Christmas to ALL my BC Buddies♥
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Merry Christmas everyone,
I've truly enjoyed all your pics. I have GOT to learn how to do that. Hope everyone has a wonderful 2 days.
love and hugs
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Just wanted to wish all my sisters a very Merry Christmas and good health & happiness in the new year. Thanks for getting me through this past year. God bless
Sue
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Gals, if anyone is a Cobra recipient like myself: I just received this notice:
COBRA Subsidy Extension
On December 21, 2009, President Obama signed the Department of Defense Appropriations Act of 2010 ("Defense Act"), which, among other things, has confirmed an extension of the COBRA subsidy originally authorized under the 2009 American Recovery and Reinvestment Act ("ARRA"). (See April 2009 Insurance Law Alert.) The most relevant provisions of the Defense Act with respect to extension of the COBRA subsidy are as follows:(1) Provide an extension of the COBRA subsidy eligibility to February 28, 2010;
(2) Extend the nine month time period for application of the subsidy by an additional six months, for a total of fifteen months;
(3) Permit retroactive payment of premium for up to sixty days after enactment of the extension for those assistance-eligible individuals ("AEI") whose subsidy expired on November 30, 2009 and who did not pay their premium for December coverage;
(4) Mandate an additional notice to all AEIs (i) who are on COBRA on or after November 1st or, (ii) whose qualifying event is a termination of employment on or after November 1st;
(5) Correct the current inconsistency in ARRA which requires both the termination of employment and eligibility for COBRA to be within the eligibility date. Only the date of the involuntary termination of employment will have to be on or before February 28, 2010. The COBRA benefits can begin at a later time.
You gals who are computer savvy with these great pictures are terrific.
Merry Christmas!!
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A blessed Merry Christmas to all, may we all be surrounded by the love of family and friends, and may the New Year show us all peace and serenity.
Linda
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LOVE all the pics!
Just want to wish all my breast friends a MERRY CHRISTMAS!!
Wish everyone a very Happy, Healthy and Prosperous New Year!!
Harley
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Merry Christmas to all!
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Hi! I'm Donna. I was just told the news today. Stage 1 and still in a state of shock.. Thought it would never happen. I liked my girls and how they look. Now have to make decisions. Need some guidence. Help.
Thanks and Merry Christmas
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