Family Leave Medical Act

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cancer survivor x 4
cancer survivor x 4 Member Posts: 177
edited March 2014 in Ovarian Cancer #1
Good Morning,
there has been some discussion about The Family Leave Medical Act,this is how it should work. This is a Federal Law passed by the Clinton administration. By law, your employer has to hold your job for 12 monthes. It covers any illness you have, your spouse, or child. They can not terminate you. You are placed on medical leave for 12 monthes. Then you call Social Security. You should be awarded temporary disability SSI. After a period of 6 monthes, from the last day you worked, you should be awarded disability for 3 years. I was a stage 2 and got disability for 3 years. After the 3 years is over, they review your case. Social Security was quick and efficent, if you can believe that. Everyone in my area that has had ovarian cancer, got an automatic disability, no matter what stage they were. My employer is still holding my job until May, which will be 12 monthes. I am using my 3 years of disability to get a nursing degree, so when it does run out, I can get a better job. I just hope I can make it the 3 years and stay healthy. Just call your local social security office and they will start the ball rolling. If you do not want to collect social security disability, when you finish chemo and if your well enough, your job, by law,should still be there. Thank-You, Paula

Comments

  • nancy591
    nancy591 Member Posts: 1,027 Member
    #2
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    12 months?
    Is it 12 months or 12 weeks? I think it is 12 weeks.

    SSI can be difficult to get. My sister's husband (45yrs old), in the state of NJ, was denied when he first applied. He had oral cancer and had a gastric tube for feeding. So, if you are denied initially you need to appeal. He was eventually approved and died 2 years from diagnosis.

    Paula, where are you in your education? I am an RN. Are you in an RN program? Good luck!
  • cancer survivor x 4
    cancer survivor x 4 Member Posts: 177
    #3
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    nancy591 said:

    12 months?
    Is it 12 months or 12 weeks? I think it is 12 weeks.

    SSI can be difficult to get. My sister's husband (45yrs old), in the state of NJ, was denied when he first applied. He had oral cancer and had a gastric tube for feeding. So, if you are denied initially you need to appeal. He was eventually approved and died 2 years from diagnosis.

    Paula, where are you in your education? I am an RN. Are you in an RN program? Good luck!

    It's 12 Monthes
    Nancy591,
    it's 12 monthes or they would not still be holding my job. They have held my job 3 times, because I also had breast cancer 2 years in a row prior to this happening and I had to also have treatment for the breast cancer. I have had many discussions with my employer and I am sure it is 12 monthes. I do not know anyone with ovarian cancer that was denied social security disability. I think because Obama's mother died of ovarian cancer, he made it an automatic disability. I am getting ready to take my entrance exam for surgical nurse. I spent the last 3 monthes taking prep review classes because I have been out of school for so long. I am 47. The math and science are very, very hard. I have my CNA, so I got some extra points for that. I want to be in the surgery room. After I pass the entrance exam next month, if I do, I then have to be interviewed. They will only take the most dedicated people. I have to convince the board that I am very dedicated. This is a technical school. There are 40 people trying to get 12 surgical nursing spots and 130 people trying to get 40 LPN slots. So,it is very competitive. The American Cancer Society is paying my tuition. I am not sure if I do not have some bowel issue going on right now. My CA-125 is a 5 and I get it checked out every month, but I have a feeling something is not quite right with my bowel or colon. I have a blood draw tomorrow and I see the ob/gyn oncolgist next week. I will see what he says. He might be able to feel it with a rectal exam. My CT was clear, but I still feel like something is going on. Thank-You, Paula
  • nancy591
    nancy591 Member Posts: 1,027 Member
    #4
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    FMLA
    This is from the US Dept. of Labor: dol.gov

    Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

    for the birth and care of the newborn child of the employee;
    for placement with the employee of a son or daughter for adoption or foster care;
    to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
    to take medical leave when the employee is unable to work because of a serious health condition.

    Maybe your employer had additional benefits available to you. I know my employer held my job for an additional 3 months over my FMLA time (12 weeks).

    Good luck with your schooling.
  • leesag
    leesag Member Posts: 621 Member
    #5
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    Just curious
    Does anyone know of someone who was a teacher who continued to teach during chemotherapy?

    I'm stressing about this, because I love my job and I can't imagine not being able to continue teaching!

    Thanks!

    Leesa
  • zinaida
    zinaida Member Posts: 221
    #6
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    cancer survivor x 4 said:

    It's 12 Monthes
    Nancy591,
    it's 12 monthes or they would not still be holding my job. They have held my job 3 times, because I also had breast cancer 2 years in a row prior to this happening and I had to also have treatment for the breast cancer. I have had many discussions with my employer and I am sure it is 12 monthes. I do not know anyone with ovarian cancer that was denied social security disability. I think because Obama's mother died of ovarian cancer, he made it an automatic disability. I am getting ready to take my entrance exam for surgical nurse. I spent the last 3 monthes taking prep review classes because I have been out of school for so long. I am 47. The math and science are very, very hard. I have my CNA, so I got some extra points for that. I want to be in the surgery room. After I pass the entrance exam next month, if I do, I then have to be interviewed. They will only take the most dedicated people. I have to convince the board that I am very dedicated. This is a technical school. There are 40 people trying to get 12 surgical nursing spots and 130 people trying to get 40 LPN slots. So,it is very competitive. The American Cancer Society is paying my tuition. I am not sure if I do not have some bowel issue going on right now. My CA-125 is a 5 and I get it checked out every month, but I have a feeling something is not quite right with my bowel or colon. I have a blood draw tomorrow and I see the ob/gyn oncolgist next week. I will see what he says. He might be able to feel it with a rectal exam. My CT was clear, but I still feel like something is going on. Thank-You, Paula

    I am 3 years cancer
    I am 3 years cancer survivor, was dz 02-14-07 same tyme with 2 cancers-ovarian and breast .I was on 12 monthes medical leave from work. And I am an SSD from july 2007.
    My advice, if any one decieds to apply for SSD, do it through your local social security office.
    Ask clerk(officer) to fill out your application for you on there computer. It is work for me and later work for my husband.You can apply after dz with cancer at any tyme, but they give you SSD start after 6 month from tyme of diagnose. Sincerely, Zina.
  • lindaprocopio
    lindaprocopio Member Posts: 1,980
    #7
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    leesag said:

    Just curious
    Does anyone know of someone who was a teacher who continued to teach during chemotherapy?

    I'm stressing about this, because I love my job and I can't imagine not being able to continue teaching!

    Thanks!

    Leesa

    I'm not a teacher, but I worked full time throughout my chemo.
    It may make a difference that your work is around children (adorable little petri dishes of bacteria and viruses!) but I want you to know that it is possible to work full time during the months you are getting carbo/taxol. Everyone is different, of course, and you won't really know how well your body tolerates your treatment until you get into it. But I was honestly never nauseated or in pain, and I never took pills for anything at all during my treatment other than the steroids they gave me pre-chemo. All I ever took, and all I ever take now that I am on weekly taxol infusdions for my recurrance, is a multi-vitamin and a calcium chew. I ate a high fiber diet throughout my chemo and drank 64 ounces of water and green tea daily and never had to take stool softeners or laxitives (although at one low point I did give myself a Fleet enema when I didn't poop 3 days followiong chemo!) I didn't SAIL through my chemo: i had to have 3 blood transfusions to get the last 3 rounds in me. But I did work throughout my treatment, and continue to work even now full time. I have the luxury of working from home and so am able to lie down when I need to and can do any missed work in the evening, so I know my situation is not the same as yours. But I want you to know that you may surprise yourself and feel much better than you imagine you will. Maybe you could get them to set up a 'shared' position, where the same substitute teacher always covers your chemo days, and would be the 1st one they call if you don't feel up to coming in, so the kids in your class have that continuity in their curriculum. ((((HUGS)))). It's hard to go to work when you feel crappy, but it's wonderful to have normalcy in your life when you can.
  • Hissy_Fitz
    Hissy_Fitz Member Posts: 1,834
    #8
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    nancy591 said:

    FMLA
    This is from the US Dept. of Labor: dol.gov

    Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

    for the birth and care of the newborn child of the employee;
    for placement with the employee of a son or daughter for adoption or foster care;
    to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
    to take medical leave when the employee is unable to work because of a serious health condition.

    Maybe your employer had additional benefits available to you. I know my employer held my job for an additional 3 months over my FMLA time (12 weeks).

    Good luck with your schooling.

    FLMA is 12 weeks, not 12
    FLMA is 12 weeks, not 12 months. Ovarian Cancer is an automatic qualifier under certain circumstances for SSDI (Social Security Disability) and/or SSI (Supplemental Security Income). After you have been on SSDI for two years, you will automatically qualify for Medicare. If you qualify for SSI, you get Medicaid immediately.

    Here is a cut-and-paste from the federal SS web site...

    Cancer of the Ovaries

    A malignant primary or recurrent tumor of the ovaries qualifies for Social Security disability benefits if it meets one of the following criteria:

    Ascites with demonstrated malignant cells, or

    Unresectable infiltration, or

    Unresectable metastases to omentum or elsewhere in the peritoneal cavity, or

    Distant metastases
  • Hissy_Fitz
    Hissy_Fitz Member Posts: 1,834
    #9
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    leesag said:

    Just curious
    Does anyone know of someone who was a teacher who continued to teach during chemotherapy?

    I'm stressing about this, because I love my job and I can't imagine not being able to continue teaching!

    Thanks!

    Leesa

    I had a friend who had
    I had a teacher friend who had breast cancer, which later spread to her abdomen, so she had many rounds of chemo. She eventually returned to work, but not while she was in treatment.

    I think it is going to depend on how you feel and how your body reacts. My white count was consistently low and my doctor advised me to stay away from children and anyone who had symptoms (colds, fever, etc) of communicable illness.

    If any of your "counts" - hemoglobin, white cells, or platelets - go too low, they will not let you have chemo. You want to avoid that, if you can. I only had to postpone one treatment, but I had two blood transfusions when my hemoglobin got to 8 (my doctor draws the line at 7). Fortunately, the transfusions kicked my red count up in time and did not disrupt my treatment schedule.

    The standard is chemo every 3 weeks for a total of 6 treatments, so about 3 1/2 months if all goes well. Will Spring Break coincide with your first session? If so, that would be a great opportunity to test the waters, so to speak, before you have to make a decision.

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