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kitkat04401  
#1 Posted : Thursday, September 23, 2021 3:55:44 PM(UTC)
kitkat04401

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I took FMLA for disability related reasons and I was presented a memorandum of record to acknowledge before I returned. My supervisor has contacted me at least 20 times regarding work stuff and when I received this I feel like I’m going to get in trouble if I ask for reasonable accommodations? My doctor doesn't recommend me returning to work for two weeks additional so I was going to request ADA leave. But with this memo, I'm scared rTo do anything? I feel like I'm getting in trouble for FMLA. This is not standard procedure for those who take FMLA. And does supervisors review Reasonable accommodations or HR?

(FMLA) and Notice of Return to Duty
1. You have been absent from work since Xxxx. During this time, you have been carried in a combination of sick, annual leave and leave without pay (LWOP) status. You invoked your FMLA on xxx, which retroactively went into effect on 10 days prior. You will have exhausted your twelve (12) week entitlement for FMLA on approximatelyXxxx. At the expiration of your FMLA, the agency cannot continue to retain you in a LWOP status, and thus any future absences that you do not have leave to cover and/or does not meet the requirement to be covered under FMLA will be documented as AWOL. While a charge of AWOL is not disciplinary in and of itself, it may be used as the basis to take disciplinary action.
2. The full-time position you encumber must be filled with a full-time employee with regular and predictable attendance that allows for the completion of essential work and functions. Your continued absence has created a hardship on the organization. You are hereby notified to report for duty willing and able to perform the full range of duties required by your position description on, or the first duty day after you have exhausted your FMLA. If you fail to report to your duty station at 0900 hours on 4 October 2021 or the first duty day after you have exhausted your FMLA, fully capable of performing the essential functions of your position, an adverse action may be taken against you up to and including removal from Federal service.
3. If due to your medical condition you believe you need a reasonable accommodation, you will notify me of the type of accommodation you are requesting and provide supporting medical documentation. Once I have received your requested accommodation and the appropriate medical documentation, I will evaluate your request and determine whether a reasonable accommodation can be made.

TheRealOrange  
#2 Posted : Friday, September 24, 2021 2:53:32 AM(UTC)
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As a general rule, you are protected only up to the FMLA limit for time off. Once you exceed the law’s protection, you can be disciplined/terminated if you need additional time and cannot work after the twelve-week coverage period ends. Once those twelve weeks are exhausted, an employee is no longer protected by FMLA and may be disciplined/terminated for absenteeism if he/she misses work (even for health-related reasons). If you can work but can't perform the essential functions of your current job due to a disability, you may be able to request reasonable accommodation under the Rehab Act. Note that you will still need to be able to perform the essential functions of the job with or without accommodation, or you would still be subject to losing your job. You may want to speak speak to an attorney well versed in federal employment law, and specifically knowledgeable about disability and medical issues and laws. No one here is going to be able to give you precise information without knowing everything involved in the situation. Best of luck to you.
smithandjones  
#3 Posted : Friday, September 24, 2021 8:42:46 AM(UTC)

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Yes, it is not clear if you are requesting reasonable accommodation to work or if you are requesting an indeterminate amount of additional leave - in which case permanant or temporary disability may be on the table (possibly retroactive).

Time for a lawyer or union involvement.
DroneBee  
#4 Posted : Monday, September 27, 2021 7:56:28 AM(UTC)

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Originally Posted by: kitkat04401 Go to Quoted Post

1. You have been absent from work since Xxxx. During this time, you have been carried in a combination of sick, annual leave and leave without pay (LWOP) status.
You will have exhausted your twelve (12) week entitlement for FMLA on approximatelyXxxx.
If you fail to report to your duty station at 0900 hours on 4 October 2021 or the first duty day after you have exhausted your FMLA, fully capable of performing the essential functions of your position, an adverse action may be taken against you up to and including removal from Federal service.
3. If due to your medical condition you believe you need a reasonable accommodation, you will notify me of the type of accommodation you are requesting and provide supporting medical documentation. Once I have received your requested accommodation and the appropriate medical documentation, I will evaluate your request and determine whether a reasonable accommodation can be made.


If your RA is that you cannot work, then this isn't a RA - an RA is for those staff who can do the job with support. It seems as though you are a nightmare employee and cannot or will not do the job. This leaves the team responsible for your work.

Any info from your supervisor went through everyone higher (most likely) and your HR. I would suggest going back to work on the date stated.
kitkat04401  
#5 Posted : Monday, September 27, 2021 10:06:51 PM(UTC)
kitkat04401

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I have not requested a reasonable accommodation . This is completely new to me.. Nobody I know whose taken FMLA has ever received a Memorandum of Understanding so I was confused as to why I received one. My house is going into foreclosure because I’ve been on FMLA so I planned on returning to work if because I have 12 weeks of unpaid bills. I did not realize people could be terminated once they exhausted FMLA because they are expected to be 100% in three months. I planned on requesting RA because my doctors don’t think I’m well enough to return to work even with RA. My boss isn’t fond of me but I thought they would put aside personal differences of the last 3 months and look at the big picture. This is the first time in 13 years I’ve used FMLA but I guess that’s one to many. I definitely don’t want to go on disability much less be terminated. So if you happen to show up to the office and see someone dragging an Iv and colostomy bag you know they’ve exhausted FMLA. Thanks for all the input.
frankgonzalez  
#6 Posted : Tuesday, September 28, 2021 3:22:06 AM(UTC)
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Originally Posted by: kitkat04401 Go to Quoted Post
I took FMLA for disability related reasons and I was presented a memorandum of record to acknowledge before I returned. My supervisor has contacted me at least 20 times regarding work stuff and when I received this I feel like I’m going to get in trouble if I ask for reasonable accommodations? My doctor doesn't recommend me returning to work for two weeks additional so I was going to request ADA leave. But with this memo, I'm scared rTo do anything? I feel like I'm getting in trouble for FMLA. This is not standard procedure for those who take FMLA. And does supervisors review Reasonable accommodations or HR?

(FMLA) and Notice of Return to Duty
1. You have been absent from work since Xxxx. During this time, you have been carried in a combination of sick, annual leave and leave without pay (LWOP) status. You invoked your FMLA on xxx, which retroactively went into effect on 10 days prior. You will have exhausted your twelve (12) week entitlement for FMLA on approximately Xxxx. At the expiration of your FMLA, the agency cannot continue to retain you in a LWOP status, and thus any future absences that you do not have leave to cover and/or does not meet the requirement to be covered under FMLA will be documented as AWOL. While a charge of AWOL is not disciplinary in and of itself, it may be used as the basis to take disciplinary action.
2. The full-time position you encumber must be filled with a full-time employee with regular and predictable attendance that allows for the completion of essential work and functions. Your continued absence has created a hardship on the organization. You are hereby notified to report for duty willing and able to perform the full range of duties required by your position description on, or the first duty day after you have exhausted your FMLA. If you fail to report to your duty station at 0900 hours on 4 October 2021 or the first duty day after you have exhausted your FMLA, fully capable of performing the essential functions of your position, an adverse action may be taken against you up to and including removal from Federal service.
3. If due to your medical condition you believe you need a reasonable accommodation, you will notify me of the type of accommodation you are requesting and provide supporting medical documentation. Once I have received your requested accommodation and the appropriate medical documentation, I will evaluate your request and determine whether a reasonable accommodation can be made.


Originally Posted by: kitkat04401 Go to Quoted Post
I have not requested a reasonable accommodation . This is completely new to me.. Nobody I know whose taken FMLA has ever received a Memorandum of Understanding so I was confused as to why I received one. My house is going into foreclosure because I’ve been on FMLA so I planned on returning to work if because I have 12 weeks of unpaid bills. I did not realize people could be terminated once they exhausted FMLA because they are expected to be 100% in three months. I planned on requesting RA because my doctors don’t think I’m well enough to return to work even with RA. My boss isn’t fond of me but I thought they would put aside personal differences of the last 3 months and look at the big picture. This is the first time in 13 years I’ve used FMLA but I guess that’s one to many. I definitely don’t want to go on disability much less be terminated. So if you happen to show up to the office and see someone dragging an Iv and colostomy bag you know they’ve exhausted FMLA. Thanks for all the input.
You are misrepresenting your situation in this post (see the highlighted section from your original post). You were out prior to invoking FMLA, using up all your AL, SL and were on LWOP as well. This means the FMLA is not the reason (if it were, you'd have a great case I'd suggest you speak to a good Fed Employment Law attorney about). It is your overall absences that is the issue. Even discounting the FMLA (which they are required to do), you were out enough for the supervisor to be concerned (which means the Labor Relation/Employee Relations folks felt it was extreme) to be put on notice. If you request an RA for more time off (2 more weeks), will that be it? Or will you then need another 3 weeks, then another, then another? An RA could be taking a couple more weeks to heal up prior to returning to work but what will you need to ensure this isn't an issue in the future?

If you are unable to work, consider applying for Disability Retirement. At least then you will have medical insurance, an income (though not as much as working would give you, but is better than not being paid at all), and when you are ready to return full time, you can transition back off of DR.

You should have voted Cthulu...the greatest of all Evils
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