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And that's the difference. The OP is complaining that his employer won't provide paid leave for his period of quarantine and the OP doesn't want to use his own PTO.
What's confusing to people is that the OP's issue really has nothing to do with the federal FMLA with which most people are familiar, but rather is specific to a NY program that provides paid family leave under similar circumstances to the federal act.
So it's a NY state program that will pay the OP while they're out on a medical leave? I guess in order for this program to pay them, it all has to fall under the FMLA program?
So it's a NY state program that will pay the OP while they're out on a medical leave? I guess in order for this program to pay them, it all has to fall under the FMLA program?
Yes. That is my impression. I assume the OP has the opportunity for an appeal. The surgeon may need to be more specific that actual procedures are done during the quarantine, such as local pre-surgical exams, blood tests, etc. (That is, if those happen there. I do review medical records as part of my job, but we don’t typically get access to foreign medical records).
Yes. That is my impression. I assume the OP has the opportunity for an appeal. The surgeon may need to be more specific that actual procedures are done during the quarantine, such as local pre-surgical exams, blood tests, etc. (That is, if those happen there. I do review medical records as part of my job, but we don’t typically get access to foreign medical records).
I think the OP has to sit in their hotel room that whole time so that they don't expose themselves to anyone else. I guess they don't rely on COVID testing like every other place does.
I went to a hospital for a colonoscopy in August, I had to have a negative COVID test done Friday for the procedure Monday morning. Tests come back a lot sooner these days lol
Yes. That is my impression. I assume the OP has the opportunity for an appeal. The surgeon may need to be more specific that actual procedures are done during the quarantine, such as local pre-surgical exams, blood tests, etc. (That is, if those happen there. I do review medical records as part of my job, but we don’t typically get access to foreign medical records).
The quarantine is required for anyone entering the country, it’s not specific to the procedure. I have co workers who go to the Philippines to visit family and they have to quarantine on arrival too. It’s common in Asian countries now due to COVID. He won’t be able to get any tests done during the quarantine period he will go right from airport to hotel and stay there for 2 weeks. No leaving the room period.
And that's the difference. The OP is complaining that his employer won't provide paid leave for his period of quarantine and the OP doesn't want to use his own PTO.
What's confusing to people is that the OP's issue really has nothing to do with the federal FMLA with which most people are familiar, but rather is specific to a NY program that provides paid family leave under similar circumstances to the federal act.
No. I am not seeking to utilize New York's paid family leave program. I am seeking to utilize the federal FMLA and pay myself with the hours that have accrued in my family leave bank. Those are my hours that I earned over the years.
Without approval to go out on FMLA, I will have to use personal time off. It will end up costing me thousands of dollars more to do this. I should NOT have to do this.
You owe them an apology because they were trying to explain to you why and why not with quarantine because they know the FMLA better than anyone else posting.
You're stressed out due to this, so you are reading it with that kind of tone in your head that you can not read it neutrally to see all they were doing was giving you advice.
Hopefully they will come back and try to help you out more so you can get this figured out.
Since there is no paycheck when you take FMLA, does it really matter if they cover that quarantine? It's just shown as time out verses FMLA approved time out of work.
They seem to know about FMLA but they are still going out of their way to interpret the situation in a way to justify denying the claim. "You're just going to be relaxing in a hotel".
Whether the quarantine is state mandated or medically mandated does not really matter. Either way, the quarantine is still inextricably linked to the surgery I need to get. It can easily be argued that it should therefore be covered, unless there is an expressly written FMLA policy stating that state mandated quarantine prior to surgery, in the context of international travel, isn't covered. Perhaps that poster can enlighten us with this policy. Or again, just provide examples of a precedent that has been set of cases where these claims are being routinely denied. I'm waiting.
Really, the way this claim should be handled is to approve it and allow the person to move on and focus on getting their surgery. It is no violation of FMLA, and no skin off the jackass examiners back to do so.
But then again if you just enjoy being a jackass then yeah, go ahead start looking for reasons and ways to make the persons life harder.
An analogous exampled would be if a police officer wants to pull you over, all he has to do is follow you around in his squad car for several miles. Eventually you will perform the most minor moving violation that would justify you being pulled over. It's technically fine for the officer to do that, but it does make him a complete jackass.
No. I am not seeking to utilize New York's paid family leave program. I am seeking to utilize the federal FMLA and pay myself with the hours that have accrued in my family leave bank. I earned those hour
Without approval to go out on FMLA, I will have to use personal time off. It will end up costing me thousands of dollars more to do this. I should NOT have to do this.
Are the 2 weeks of isolation included in the medical certification letter that you are asked to provide to your employer? I believe that is the main document used to determine time off.
No. I am not seeking to utilize New York's paid family leave program. I am seeking to utilize the federal FMLA and pay myself with the hours that have accrued in my family leave bank. Those are my hours that I earned over the years.
Without approval to go out on FMLA, I will have to use personal time off. It will end up costing me thousands of dollars more to do this. I should NOT have to do this.
Follow the steps for appealing the claim decision. Give a few sentences why the claim should cover the 2 additional weeks.
If you apply the Lane court decision and/or the Tayag decision, you should be able to get the air travel time covered under FMLA. The required recovery time is covered. But, under both those same rulings, odds are the quarantine has nothing to do directly with your medical care so it would most likely be upheld as a denial for that period. If the medical facility was imposing a quarantine while you are being "evaluated and tested" in preparation for your procedure, that could get covered, but if it's an immigration entry requirement, it's not based on your medical condition or procedure.
See if the medical facility will allow you to be transported directly from your flight to the medical facility to serve the quarantine while they do some "medical" related things. That may be a way around this.
Are the 2 weeks of isolation included in the medical certification letter that you are asked to provide to your employer? I believe that is the main document used to determine time off.
The letter outright says that I will need to quarantine prior to surgery.
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