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Is Diabetes Covered Under Fmla

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Wage And Hour Division (whd)

FMLA-87 Dear Name*: This is in response to two letters from your office asking a number of questions regarding the definition of the term "serious health condition" under the Family and Medical Leave Act of 1993 (FMLA). I regret that, due to the volume of inquiries and other work associated with administering FMLA, we were not able to respond earlier. Before answering your specific questions, it may be helpful to first examine the pertinent sections of the FMLA and its implementing regulations, 29 CFR Part 825, and explain their underlying rationale. Under FMLA, “eligible employees” may take leave for, among other reasons, their own serious health conditions that make them unable to perform the essential functions of their position, or to care for immediate family members (i.e., spouse, child, or parent) with serious health conditions. Section 101(11) of FMLA defines serious health condition as "an illness, injury, impairment, or physical or mental condition that involves: inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider.” Under the express statutory language, any absence involving inpatient care qu Continue reading >>

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Popular Questions

  1. marla3300

    Diabetes and Family Medical Leave Act

    I would like to know if anyone else has issues with their employers. My employer is getting ready to terminate me. I have worked there for over 13 years and have had to use the Family Medical Leave Act since the birth of my son. They have always given me some type of grief over having to take off time to take care of my son.
    Last week I asked to use the FMLA to take time off for my own health issues. Today I received a hand delivered letter from my department’s Director advising me to attend a Pre-Termination hearing on Wednesday.
    Now I have never had any issues or write ups for over 13 years, until my direct supervisor retired and now I have a much younger supervisor. He has told me in my position; I should not take time off from work. My position was too important. The day I returned to work after taking FMLA, he issues me two written warnings.
    Now I have been, according to this letter, accused of,
    Incompetence or inability to perform the duties required
    Misconduct in office
    Conduct discrediting the County
    Poor performance of my work
    Not having the technical skills to perform my job duties.
    They listed no details on any of these, they informed me this is what the “Pre-Termination” hearing is to discuss, and however in their letter I am expected to defend myself. How can I defend myself if I don’t know the details?
    What would you do? Have anyone of you faced these types of issues?

  2. kdroberts

    You're in a bind. First thing you need to do is postpone the meeting. 1 day is not enough time for them to give and the only reason they are doing it is so you have no time to prepare. Not really sure how you go about doing that though. You need to call 1-800-DIABETES (1-800-342-2383) ASAP. That's the American Diabetes Association. They are open until 8:00pm eastern. Ask for the advocacy department. They have lawyers and such that can help. If you can get it drawn out into 2009 then you will be covered by the new Americans With Disabilities Amendment Act that was passed a couple of months ago.
    Don't go it alone and don't be bullied. The ADA gets a lot of negative comments but advocacy is one of the places where it can and does do a very good job.

  3. Anonymous

    I personally would contact your local chapter of the American Diabetes Association and ask their advice. If You are from a small town then contact the one closest to you in your state. They may have attorneys on staff that could advise you.

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