Recertification for FMLA
Candy S. on May 29, 2019
I was diagnosed with Metastatic Breast Cancer in Nov 2017 and have been on 3 different rounds of chemo since. I'm told this is considered a chronic condition in which I will be treated for the rest of my life. My chemo medications change each time the disease progresses (about every 5-6 months so far). With each new med comes new side effects. Because I had worked for my company for 8 years, I knew I qualified for FMLA. I applied for Intermittent FMLA when I was diagnosed in Nov, 2017. I was able to continue working FT hours as a RN in L&D for 5 months until my chemo meds had to change. In May 2018 I went on STD and renewed my FMLA. I was able to still work about 3-8hr shifts/week at a desk. In Nov 2018, my chemo meds had to change again and my STD turned in LTD. I'm still able to work about 3-8hr shifts a week (modified accommodations). The current chemo regimen will continue until it needs to change again. I'll be due to renew my FMLA in Nov. this year. I've read I have to work 1250 hours "for the employer during the 12 month period immediately preceding the leave". The quote is taken from Fact Sheet #28 U.S. Department of Labor Wage and Hour Division. My question is since I have been on a reduced work schedule for a year (will be 1 1/2 years in Nov), am I held to the 1250 hours in order to renew? Or is the 1250 hours a requirement before I initially applied for FMLA in Nov 2017?
1 Comment
Nicole Franklin, MPH
Jul 2, 2019
Cancer and Careers Staff Comment:
Hi Candy,
Thanks for writing to us! Navigating the intricacies of medical leave and disability can be challenging and is a common concern among many cancer patients and survivors so it’s important to do research on the different kinds—private, state and federal programs—that you may have access to.
Under the FMLA, eligible employees are entitled to 12 weeks of leave time within 12 months, which can be taken all at once or in smaller increments, such as a shorter workweek or taking a few hours here and there for doctor appointments. In order to be eligible for FMLA leave, an employee must work for a state or local government or private employer with 50 or more employees, who work within a 75-mile radius of the employee’s worksite. An employee must also have worked for the employer for a total of 12 months and worked at least 1250 hours during those 12 months (immediately preceding the leave). According to the Department of Labor’s website, the 1,250 hours include only those hours actually worked for the employer. Paid leave and unpaid leave, including FMLA leave, are not included. For more info on this, please visit: https://www.dol.gov/whd/fmla/fmla-faqs.htm. Please note there are also different ways in which employers can calculate this 12 month period, so you should also check with your HR department to learn more about your employer’s policies.
Some states also have medical leave laws that may offer even more time off than the FMLA. For more info on the FMLA and to find out if your state offers more time or possibly even paid medical leave, contact the U.S. Department of Labor at www.DOL.gov/WHD or your state's Department of Labor. Our partner, Triage Cancer also has a Quick Guide to the Family and Medical Leave Act available at: https://triagecancer.org/wp-content/uploads/2018/07/2018-FMLA-Expanded-Quick-Guide-web.pdf.
I would also recommend that you read the following information:
I hope this is helpful. If you have any further questions, please feel free to contact us at cancerandcareers@cew.org or 646-929-8032.
Kind regards,
Nicole Franklin, MPH
Senior Manager of Programs
Cancer and Careers
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