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Topic: FMLA When Just Started New Job

Forum: Employment, Insurance, and Other Financial Issues —

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Posted on: Jul 10, 2020 04:48PM

KARW41 wrote:

Hello,

I have just had surgery a week ago, bilateral mastectomy and sentinel node biopsy.

Am I a "wimp" if I am not able to effectively work right now??

It is not like I am getting chemo or radiation like most people do with cancer.

My nodes are clear but I am almost too tired to keep my eyes open.

I have got zero sick leave left so I'm trying to telework at a new job I don't understand.

I don't even understand the emails they send out.

I am trying to return to my old job, perhaps in a couple of months, which I do understand.

I am asking about FMLA.

Is that bad to ask that at a new job?

I got diagnosed / saw the need for bilateral mastectomy while transitioning to this new job.

Last job did not have health insurance so that's how I took this job.

The lymph nodes came back clear, so I would not immediately need coverage, and would just not have private health insurance again possibly, but would go to a different job.

This job insists that I be called at home after hours and I can't take it right now.

The supervisor finally answered me and said that it is essential for the job to be called after hours sometimes, which gives the woman (her deputy) calling me the lattitude to keep on doing it.


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Jul 10, 2020 05:04PM ElaineTherese wrote:

Hi!

You're not a wimp. Even minor surgery can wipe someone out! However, for FMLA to apply, you have to have been at your job for at least a year. I would check out your company's HR policies. My employer offers short-term disability if you can't work for a short period of time. Take it easy!

DX IDC June 28, 2014, 5 cm., 1 node tested positive (fine needle biopsy); 0/20 after neoadjuvant chemo + ALND; Grade 3; ER+ PR+ HER2+ Neoadjuvant chemotherapy starting 7/23/14 ACX 4, Taxol X 12, Perjeta X 4; Herceptin: one year Chemotherapy 7/23/2014 AC Targeted Therapy 9/17/2014 Perjeta (pertuzumab) Targeted Therapy 9/17/2014 Herceptin (trastuzumab) Chemotherapy 9/17/2014 Taxol (paclitaxel) Surgery 1/12/2015 Lumpectomy: Right; Lymph node removal: Right, Underarm/Axillary Hormonal Therapy 2/25/2015 Aromasin (exemestane), Zoladex (goserelin) Radiation Therapy 3/9/2015 Breast, Lymph nodes
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Jul 10, 2020 05:13PM SpecialK wrote:

I’m sorry you are in a situation where you are having to work so soon after surgery, that is unfortunate. Is the job you are currently working in considered a transfer from your old job, but within the same organization? The reason I ask is that FMLA has three requirements - 1) you have been employed by the employer for one year, 2) you have worked a minimum of 1250 hours In the 12 month period immediately preceding the request, 3) the employer has a minimum of 50 employees within a 75 mile radius, if private - if public, no minimum. If you don’t meet those requirements the employer has no responsibility to offer FMLA to you. It is important to note that FMLA is unpaid leave and the employer has to hold a job open for you that is “similar” and for the same pay, but not necessarily the exact job you left. If you don’t meet the criteria for FMLA can you request unpaid leave for a short period until you are feeling stronger - maybe a couple of week? Has your surgeon medically cleared you to return to work?

BMX w/ TE 11/1/10, ALND 12/6/10. 15 additional surgeries. TCHx6 2/17-6/2/11. Herceptin until 1/19/12. Femara 8/1/11, Arimidex 6/20/12, back to Femara 6/18/13-present. Dx 9/27/2010, DCIS, Stage 0, Grade 3 Dx 9/27/2010, IDC, Right, 2cm, Stage IIB, Grade 3, 2/14 nodes, ER+/PR+, HER2+ (IHC)
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Jul 10, 2020 05:17PM - edited Jul 10, 2020 05:18PM by KARW41

Thank you so much. It is in the government. I have about 10 total years in, with more than 6 months in it this year, and perhaps 4 months last year.

I found the FMLA contact person and am at least asking about it.

My eyes are barely staying open. I feel like a "wimp."

The surgeon wrote the note I asked for, to come back after a week, since I had very little sick leave, since my past sick leave takes a while to catch up, the little I had to carry over from the other agency.

I have zero sick leave now.

I am getting a primary care doctor to advise me late on Tuesday so I hope to get some help or guidance on what to do.

Thank you for answering and I am at least asking the person I finally found who handles FMLA where I work now.

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Jul 10, 2020 05:20PM KARW41 wrote:

Thank you so much. I feel badly since it is not like I'm getting chemo or radiation. My mother had those twice and that is so much worse, I know.

It helps me at least feel okay asking about it.

I am so drained, I can barely focus.

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Jul 10, 2020 05:38PM SpecialK wrote:

karw41 - a standard recovery for the type of surgery you had is 5-6 weeks, it is totally understandable that you are not ready to return to work, it’s too soon

BMX w/ TE 11/1/10, ALND 12/6/10. 15 additional surgeries. TCHx6 2/17-6/2/11. Herceptin until 1/19/12. Femara 8/1/11, Arimidex 6/20/12, back to Femara 6/18/13-present. Dx 9/27/2010, DCIS, Stage 0, Grade 3 Dx 9/27/2010, IDC, Right, 2cm, Stage IIB, Grade 3, 2/14 nodes, ER+/PR+, HER2+ (IHC)
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Jul 10, 2020 05:53PM LiveLoveLaugh2020 wrote:

You are not a wimp. I had six weeks off which I was told was standard for Bil MX. A week is way too soon! Hope you are getting rest and feel better soon. It takes your body a long time to recover.

DCIS Dx @ 34 - Bil NSM 09/2019 - Bil implant exchange with FG 01/2020.
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Jul 21, 2020 10:21PM KARW41 wrote:

Thank you so much. You are totally correct. I am headed back to work Thursday, but am looking at quitting the job, due to the requirement for work also at night, after a full day as well. This experience teaches me to try harder to take better care of myself, I think. I am still very tired, and the work stress is not helping. I actually interviewed for three jobs while on sick leave, trying to find a job that is just a "day job." They put me on leave without pay with the job I am technically still at now.

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