Need urgent advice with family/medical leave?

Question

The first week in July I was at work and got terrible back pain and not thinking I didn't file an incident report. Next day went to work with horrible pain and had to leave for the emergency room. I couldn't return to work the pain was so bad. I lift people, am a nursing asistant and knew I couldn't bare it.

My doctor precribed meds and the pain still didn't go away. During this time I got a letter from my job stating that they are putting me on FMLA and it was to be unpaid. Forms needed to be filled out by doctor within 15 days. I took them to the doctor and they kept the papers but wouldn't fill them out until they got the report back from a specialist I was to see.

I missed my appointment to the specialist and must get another appointment. Now I was told at my job since the papers weren't done in the 15 days they took all my paid time off and used it up as if I had a personal leave. I no longer have any hours left until a year if I would need time off. I explained about what the doctor said about the papers and my boss said her boss that would handle this wasn't in.

What do I have to do now? I am to go back to work on Monday. I am still in the pain, if I go I will be right back where I started with this pain, it has lessoned some since I have been at home. I really don't want to go back yet I am so worried. They will be expecting me at work now, should I not go in and see the doctor? I don't know what to do and have all these bills piling up and just no solution. Any help would be greatly appreciated, thanks.

Also forgot to write my doctor said it sounds like a have a herniated disc that's pinching the nerve and that's why I should have seen a specialist for pain management.

Can you sign up for unemployment in a situation like this?

Answer 1

15 days was quite a while and while I'm sure you had a reason for not seeing the specialist you really should have made a greater effort in being seen in order to get this done in a timely manner, especially if your back is injured, you shouldn't be putting off necessary treatments and therapies to get you back to work sooner.

You need to contact human resources at your employer and explain everything you explained here, then you need to call the specialist back and get in to see them ASAP, tell them your primary doctor needs you to be evaluated immediately and they will often mysteriously find appointments for that day. I'd also still go back to your primary doctor and keep on them about the paperwork your employer needs. If he feels he needs to submit more documentation, tell him to write that on the paperwork so your employer knows you aren't the one stalling. Tell him how they took all your personal time for this because they didn't get any paperwork.

Once you're seen and it's shown you have a valid medical issue, hopefully the situation will self-correct itself and they will adjust your PTO balances.

Don't go to work Monday, do all these other things, don't put it off another day, and don't take no for an answer. Good luck.