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Old 09-23-2013, 03:09 PM
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FMLA Help/Exp?

Hi everyone. Nealy one month ago, I went to my pych and got a work excuse absence that qualified me for FMLA. I know because I called HR, sot short term disability and even my bank insurance rider that covers my whole pay approved my med file. I work for a very large bank- WF. I am scarred for couple reasons.

1. I left for a little longer than a month than I should. but I was at my breaking point!
2. I am afraid of retribution from management now. Even though my RVP insisting I take time off to handle my personal issues, divorce, mom ill, drink, etc.

Let's face it, it hard to do quality work hungover. But I could tell he was frustrated.

To take you back several month earlier, I confided in my management I had a drinking issue at the suggestion of my sponsor. They seemed understanding and supportive. To this day I am not so sure that was a great idea because the stigma all a sudden sprouted roots. I was watched like a hawk. Heck, I think the only difference with me and most commercial bankers is my admission to a problem!

I did not leave the bank because for med leave, for which I am entailed, (with job security) under FMLA. I was not pending a bad performance review, probation, etc with the upcoming meeting. At least I did not think I was. He did schedule a meeting with me that week of leave with my manager to talk how to improve- i think. That upcoming meeting scared me. I pulled the rip cord. And I left to get better.

It is scary enough going back to my co-workers after a month. I am scarred of retribution/being managed out, etc. Since I did qualify and not dodge some formal reprimand, what am I facing here? Improvement a must I know! Anyone go through this? How did it go? Any recommendations? Do they need to know why I left/ Sorry for the mumbled words, lot to get out.
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Old 09-23-2013, 03:17 PM
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I don't think it's EVER a good idea to talk to co-workers of any level about an alcohol problem. There is way too much prejudice and, in my opinion, no good can come of it.

At this point, I guess you just have to wait and see what happens. I'm glad you took care of yourself and I hope you keep working on your recovery.
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Old 09-23-2013, 03:18 PM
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I'm heading out to a meeting but I will post when I get home.

I cannot give legal advice though. Only suggestions on how to deal with the process.
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Old 09-23-2013, 03:23 PM
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Did you file the appropriate paperwork and documentation required?
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Old 09-23-2013, 03:28 PM
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Originally Posted by Anna View Post
I don't think it's EVER a good idea to talk to co-workers of any level about an alcohol problem. There is way too much prejudice and, in my opinion, no good can come of it.

At this point, I guess you just have to wait and see what happens. I'm glad you took care of yourself and I hope you keep working on your recovery.

I tend to agree but let me qualify telling "management, 3 people, confidential" though probably career suicide but not suzie's etal in the cubicles next to me.

Sometime you are just doing what experienced people tell you. My sponsor was a SVP at a rival bank who also worked where I am now. I felt safe.
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Old 09-23-2013, 03:29 PM
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I don't know that anyone here can say much without offering legal advice but here is what I can tell you. Where I work, FMLA is approved for a certain amount of time and it is on the employee to contact his or her direct manager to check in/ call out. That manager doesn't need to know why a person is on FMLA. Also at my company STD is qualified for 6 weeks. Not sure about yours.

At this point, you just need to go in and face the music. You can pull it apart and put it back together a million times in your head but that will only cause anxiety.

Work with your sponsor, work your steps around your issue. And for what it is worth, my sponsor doesn't believe that work should know that I am in recovery but I am also not actively in my addiction either.

Good luck!
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Old 09-23-2013, 03:35 PM
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Originally Posted by LuLu13 View Post
Did you file the appropriate paperwork and documentation required?

Yes at WF, Liberty Mutual Ins works with our HR, the collect and underwrite the request after med record review and even file SDI while your doctors excuse is approved. Mine was. I just never took a leave and a little nervous. I had a friend to tell me to take 2 paths.....one, if they say after 3 months put you on probation for corrective action try your hardest for a trunaround, although slim, that is there way of documenting an upcoming firing I understand, do what I can while there an be "looking"......always better to gain employment when your still employed I guess..
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Old 09-23-2013, 03:39 PM
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Hey mytime; I worked for Sodexo here in Palo Alto. My boss encouraged me to get help and I trusted him. He betrayed the confidence and the whole Mgmt Team knew. He was a "Dry Drunk" he told me his dad was in AA but that he had "caught himself in time" that's as stupid as "functioning alcoholic". Anyway, his EGO was so big he could never keep a secret. He was fired before I quit after a 25 year career. I really had no choice as the whole team was out to get me. It did turn out to be the best decision, as I had been drinking the whole career as well; butthat's a different story. I'm just trying to give you advice on your predicament; sobriety and you come before all else, or else the whole life collapses. Take the LOA, etc, and get sober, recover, then the rest can get taken care of, but as long as we are in the disease, nothing good will happen. Hope this helps?
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Old 09-23-2013, 03:41 PM
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Well, what's done is done. It isn't always tragic if you tell your employer, but let's face it...if they want you gone, they'll figure out a way.

When I had reached my limit, I sent an email to HR and to my bosses telling them I was checking myself into a facility for treatment of alcoholism. At that point, getting sober and learning to stay sober was the most important thing in the world to me. I was gone about five weeks using FMLA and nothing bad happened to me. That was back in 2008 and I'm still working there.

So, like Anna said, there's no way to know what will happen until you go back and see. I hope it all works out for you work wise, but even if it doesn't, being sober is the greatest gift you could possibly give yourself. Good luck!
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Old 09-23-2013, 06:51 PM
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I guess I'm not really sure what your question is, Ryan.

FMLA entitles you to take up to 3 months to care for yourself or others if certain requirements are met (i.e., there is a qualifying medical condition, you've been there for a year, there are enough employees to qualify the company, etc.).

FMLA is unpaid. STD is separate. Some companies offer it, some don't. STD may have different requirements than FMLA. STD is like insurance. FMLA is a federal law.

If you think you are being retaliated against because you took FMLA, you need to report this to HR immediately. It is illegal to retaliate against someone who took a valid FMLA claim.

The actual FMLA claim forms are very vague in terms of what needs to be documented. You just need that doctor's certification and the short blurb about symptoms, what the employee can and cannot handle, expected return to work date. HR should not be disseminating information on the FMLA form to the general employee population. That could be viewed as intimidation.

If your employer wants to fire you, they're going to have to have a good amount of documentation unrelated to your leave to justify it.

I can tell you that, without giving legal advice, an employer who wants to fire an employee with an kind of legally protected claim, be it FMLA, ADA, etc., is usually extremely careful. Corporate lawyers are consulted. Egg shells are walked on. Conversations are documented. They know that they are exposing themselves to a potential lawsuit for retaliation if they don't have good cause besides the employee using a protected claim.

That's as much as I can say without crossing the line. Like previously said, what's done is done. Just wait and see what happens. My company does not know the actual reason I was out. They just knew I was really sick. Could they put 2 and 2 together? Probably. But they're damn well not dumb enough to say or do anything about it because my work has not suffered and has actually improved.

Hope this helps!
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