Any one with PTSD?

[pebbles]

I was looking for answers on PTSD and FMLA in California. My question is it legal for an employer to start your FMLA without you knowing it or sign it? How can I give my job an answer on what type of work I am capable of if my doctor is not releasing me yet? Just Doctor's excuses. Any help please...........

[Pooh]

Pebbles,

First off they can't ask you what type of work you can do if the doctor hasn't released you yet. Although they do try.

As far as FLMA, I thought your doctor had to fill out part of it. At least mine did. So not sure. Did they give you copies of your FLMA paperwork?

you can find some info here --- http://www.workerscompensation.com/california.php

[1171]

Yes, it's not really an option or an employee choice:
rather then terminate an employee the employer under the law has to give the employee 12 weeks job protection and the COBRA option.

[frustratediw]

Q: Does workers’ compensation leave count against an employee’s FMLA leave entitlement?

It can. FMLA leave and workers’ compensation leave can run together, provided the reason for the absence is due to a qualifying serious illness or injury and the employer properly notifies the employee in writing that the leave will be counted as FMLA leave.

Q: If an employer fails to tell employees that the leave is FMLA leave, can the employer count the time they have already been off against the 12 weeks of FMLA leave?

In most situations, the employer cannot count leave as FMLA leave retroactively. Remember, the employee must be notified in writing that an absence is being designated as FMLA leave. If the employer was not aware of the reason for the leave, leave may be designated as FMLA leave retroactively only while the leave is in progress or within two business days of the employee’s return to work.

You need to go to this site and read up on FMLA. The link will take you to their FAQ page which will answer most of your questions. From there you can maneuver the rest:

FMLA Frequently Asked Questons

As to work you are capable of, your doctor should be filing reports that state what if any limitations you have. The work you are capable of is whatever meets those limitations and you have the ability to do.

[Sithie]

I have had PTSD for 30 years, but it is not work related, does that help?

[capricorn]

I, like Sithie was dx with PTSD many years ago. Mine is also not work related although my injuries caused a full blown flare up last year. I chose not to include it in my claim.

To the original question. My employer put me on FMLA without my Dr. or me filling anything out. When my claim was denied I received a letter from HR telling me that I was on it. This is legal and many employers do it. Technically they are protecting the employee although it doesn't feel like it.


CAP

[pebbles]

Thanks for the response. It is very helpful. I got a letter only stating my FMLA ran out and then was I offered Cobra. I didn't have any Idea. That same letter I was served a 60 day notice to vacate. I live where I work. The funny thing is that they are trying in the same letter to give them an anwer to what work i can do. if I haven't been release I don't know. I was just told I can't do my line of work in an unsafe environment. That is the las doctor's statement sent to WC.r
But I am still off of work and receiving checks but getting evicted.
Still sick but another thing to put on my mind!