Going back to work after school while on dialysis.

[YouDontKnowCecil]

So, here's my deal. I am on in-center hemodialysis (no available partner for home hemo) for more than 9 years, in the United States. I haven't worked much in that time. I've been going to graduate school for the past 4 years (don't ask about the program or where I am ... I am not comfortable talking about that publicly). Currently I have been unemployed for more than a year and I cannot go back to my previous employer (I was a graduate assistant, that's a part of grad school). I have two or maybe even three people willing to donate a kidney.

Here is my question, as it regards the Americans with Disabilities Act (I am disabled due to ESRD), and the Family and Medical Leave Act, and kidney donation. If I got a job while on dialysis, will my job be protected if I got a transplant after I got the job? I have no experience in my field where I am going to graduate school, and experience is so, so key. I know that you have to had been working full time at your job for at least 12 months (doesn't have to be consecutive) and at least 1250 hours in the past 12 months to qualify for the FMLA leave. The reason I want to work before I get a transplant is because I want to secure some insurance, as Medicare will cut someone off three years after a transplant, and I currently have no private insurance. I also will probably have to go to another state to find a job in my field. Here are my big questions:
 
1) Does that mean I HAVE to work the job for a year before I can use the FMLA for a transplant?
2) Can the ADA or any other type of medical/disability leave help me?
3) I were to hypothetically get a cadaver transplant within my first year working, how would that affect my job status?


Thoughts? Answers? Thank you in advance.

[okarol]

Maybe I am wrong, but I think FMLA is for people taking off work to care for another person. There's more info here http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

Perhaps you need to check into short-term disability insurance. I think it's available when you're employed (not on social security disability) -
Who Pays for Short Term Disability Coverage?
A short term disability policy can be an employer or employee paid benefit. Generally, though, short term disability coverage is employer-paid. Companies do have a choice of having employees pay for coverage, with certain tax implications.
Group coverage for short term disability can be attained in the following ways:
- Contract agreement through an insurer that covers disability.
- Through a self-funded plan set aside by the employer directly.
More here: http://employeebenefits.about.com/od/ancillaryinsurance/a/STDBascis.htm

You don't mention if you're getting social security disability. Even if you haven't worked, you may be eligible if you became disabled before turning 22 years old, due to your parents paying in. http://www.ssa.gov/dibplan/dacpage.shtml

If not, you can still apply for Supplemental disability. The Supplemental Security Income (SSI) program pays benefits to disabled adults and children who have limited income and resources.  http://www.ssa.gov/pgm/disability.htm

If you plan to have a transplant soon it could be possible to continue the SSI for the first year of the transplant, and still work (I think it's $1000 a month you can earn.)

Not sure if this answers your questions, but you can read more online.

[Sax-O-Trix]

I am taking a FLMA leave right now for my transplant, so you can use it for yourself.  I can take up to 12 weeks and be guaranteed to return to my current position or one equivalent.

[KarenInWA]

I'm on FMLA for myself, too.  It stands for Family & Medical Leave Act.  Mine is for intermittent leave, and I will do another one when transplant time comes.  So far, I have used FMLA to cover one unplanned day of absence at my work, which was due to a horrible gout attack in both knees.  I then made up the time that Saturday because I wanted a normal looking paycheck, but it wasn't required. I am also in the process of doing a short-term disability claim for my fistula surgery and my temp access placement.  Both FMLA and STD are done through the same company at my work place.

KarenInWA

[Jie]

At my work place, FMLA can be used only for leave of 3 days or longer. For less than 3 days, one can use sick leave or personal leave. 

[KarenInWA]

At my work place, FMLA can be used only for leave of 3 days or longer. For less than 3 days, one can use sick leave or personal leave.

Hmmm, that's weird.  I can use FMLA for things as short as 15 minutes.  Not that I would, but if I did PD, that would work for doing a manual exchange in the middle of the day.  As it is, intermittent leave FMLA is for dr's appts, etc, but then I had to use a whole day when I had that gout attack.  All I needed for that was a note from my dr stating that my absence was FMLA-related, and that was faxed to the 3rd party company that handles the FMLA.  More recently, I needed to take 2 days off for my fistula surgery, then had to add a day for my temp access placement.  That is FMLA - related, but, since I want to get paid for it, I am also using my short-term disability.  At my work, we can use short-term disability for short absences like that as long as we have good attendance.  Otherwise, it would have been FMLA-protected, but not paid.  My gout absence was FMLA-protected, but not paid.  That is why I made up the hours the following Saturday.

KarenInWA

[Jie]

Hmmm, that's weird.  I can use FMLA for things as short as 15 minutes.  Not that I would, but if I did PD, that would work for doing a manual exchange in the middle of the day.  As it is, intermittent leave FMLA is for dr's appts, etc, but then I had to use a whole day when I had that gout attack.  All I needed for that was a note from my dr stating that my absence was FMLA-related, and that was faxed to the 3rd party company that handles the FMLA.  More recently, I needed to take 2 days off for my fistula surgery, then had to add a day for my temp access placement.  That is FMLA - related, but, since I want to get paid for it, I am also using my short-term disability.  At my work, we can use short-term disability for short absences like that as long as we have good attendance.  Otherwise, it would have been FMLA-protected, but not paid.  My gout absence was FMLA-protected, but not paid.  That is why I made up the hours the following Saturday.

KarenInWA

It sounds like your workplace does not offer any sick leave or personal leave. We need the doctors to fill up a form to justify FMLA. If for 15 minutes or a hour, one needs to take FMLA, then the doctors are sure very busy to deal with the paperwork.

[okarol]

I am taking a FLMA leave right now for my transplant, so you can use it for yourself.  I can take up to 12 weeks and be guaranteed to return to my current position or one equivalent.

Oh that's good, I didn't know. One friend got a transplant but said the FMLA worked because she was caring for her donor, her husband, so I guess I misunderstood. Thanks.

[KarenInWA]

Hmmm, that's weird.  I can use FMLA for things as short as 15 minutes.  Not that I would, but if I did PD, that would work for doing a manual exchange in the middle of the day.  As it is, intermittent leave FMLA is for dr's appts, etc, but then I had to use a whole day when I had that gout attack.  All I needed for that was a note from my dr stating that my absence was FMLA-related, and that was faxed to the 3rd party company that handles the FMLA.  More recently, I needed to take 2 days off for my fistula surgery, then had to add a day for my temp access placement.  That is FMLA - related, but, since I want to get paid for it, I am also using my short-term disability.  At my work, we can use short-term disability for short absences like that as long as we have good attendance.  Otherwise, it would have been FMLA-protected, but not paid.  My gout absence was FMLA-protected, but not paid.  That is why I made up the hours the following Saturday.

KarenInWA

It sounds like your workplace does not offer any sick leave or personal leave. We need the doctors to fill up a form to justify FMLA. If for 15 minutes or a hour, one needs to take FMLA, then the doctors are sure very busy to deal with the paperwork.

We have Personal Time, but only if the time is "available" for the day, and I refuse to use it for a dr's appt.  I'd rather use it for other things, like leave early for a show.  For dr's appts, I tend to make it up as "appt time".  If they forced me to use PT for all my dr's appts, I'd have no PT left for anything fun! (however, if I need to use it up at the end of the year, then yes, I will use it for a dr's appt, etc.)

[YouDontKnowCecil]

Thanks for all the answers, but nothing actually answered what I was going for.

This is the most important one:

3) I were to hypothetically get a cadaver transplant (or a live donor transplant) within my first year working, how would that affect my job status? This is important because FMLA leave can only come in if you: have been working full time at your job for at least 12 months (doesn't have to be consecutive) and at least 1250 hours in the past 12 months to qualify for the FMLA leave.

[okarol]

Perhaps the HR dept at your employer could help you.

[YouDontKnowCecil]

I don't have an employer now, and I have no crystal ball as to how the HR dept would treat me. Could my employer just fire me if I were to get a transplant (and take 2-3 months off work) if I didn't qualify for FMLA?

[okarol]

When you're looking for a job you could discreetly ask about benefits. I don't know any other way to find out - just would be guessing.

[kyshiag]

I've had to deal with this a bit but please don't consider me an expert.

With FMLA, you have to have worked for the job one year and have worked 1250 hour in the last twelve months.  So a person would be ineligible if they had not worked for the company for 12 month or had at least the 1250 hours during the previous 12 months.  That does not mean that you and the company cannot work together on another solution.

As an example, I previously worked for an employer then quit.  I recently returned and was told that I would be eligible for FMLA until after I had worked 1250 hour (my previous time with the company covered the 1 year requirement).  However, the company also has their own unpaid sick leave plan that I am eligible for after 6 months, that requires me to get it pre-approved before I take the leave.  So while it is not FMLA, it is another option.

[YouDontKnowCecil]

Thanks kyshiag, I didn't know such options existed with employers!

I've had to deal with this a bit but please don't consider me an expert.

With FMLA, you have to have worked for the job one year and have worked 1250 hour in the last twelve months.  So a person would be ineligible if they had not worked for the company for 12 month or had at least the 1250 hours during the previous 12 months.  That does not mean that you and the company cannot work together on another solution.

As an example, I previously worked for an employer then quit.  I recently returned and was told that I would be eligible for FMLA until after I had worked 1250 hour (my previous time with the company covered the 1 year requirement).  However, the company also has their own unpaid sick leave plan that I am eligible for after 6 months, that requires me to get it pre-approved before I take the leave.  So while it is not FMLA, it is another option.