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  • #16417
    holzapfel
    Participant

    Has anyone successfully applied for and received FMLA for chronic gout? I have an attach every few months & would prefer to use FMLA instead of all my leave if possible.

    thanks,

    CHris


    #16420

    I don’t understand what Family and Medical Leave Act (FMLA) has to do with gout.

    #16422

    Further to my last message, I googled “FMLA for chronic gout” and now I understand better. Forgive me, but I have absolutely no knowledge of the American legal system. Hopefully someone else will read this and provide better information.

    My purpose with GoutPal is to prevent people suffering from gout. Though gout has a very bad record for poor quality of care, if it is treated correctly, it should not reduce your ability to work. Rather than advising you how to take time off work, I would prefer to help you avoid having time off work.

    I’m not trying to preach here. If you want time off, I can easily argue the case that it is impossible to work if you are not getting the right gout treatment from your doctor. Myself, and several other forum contributors, have had to train our doctors to treat gout properly. I can help you with that. Hopefully someone else reading this can help you with the FMLA issue.

    Sorry again for my ignorance, but I have never heard of FMLA before. If you follow the Google search that I did, there is loads of information about FMLA and gout. That includes some discussion on a legal forum about FMLA and gout. I understand the gout part, but I don’t understand enough of the FMLA part to give any help on that.

    Please let me know what you decide. If you go down the FMLA route I can provide some references about the nature of gout that prove you cannot work if it is not treated properly. In fact, if it is not treated properly, it becomes a serious threat to mortality. If you decide you would rather get proper treatment, I’m happy to work with your doctor to ensure that you can work whenever you want to.

    #16687
    bl530
    Participant

    Can we people with gout qualify for FMLA

    #16694
    KeithTaylor
    Participant

    To me, FMLA seems to rely on a person’s individual circumstances. If it is not treated properly, I can see how gout could prevent someone from working.

    Is anyone going to explain to me why they think FMLA might apply? Then I could give some better answers from a gout point of view.

    #23861
    Keith Taylor
    Participant

    Does Gout Qualify for FMLA?

    This topic raises various related questions about FMLA for gout. Including:

    1. Is gout covered under FMLA?
    2. Can I get FMLA with gout?
    3. Does gout qualify for FMLA?

    Is gout covered under FMLA?

    FMLA is the United States Family and Medical Leave Act of 1993. So, as a legal matter, it is beyond the scope of GoutPal. However, I can apply my research skills for any employer or employee who wants to find more information about FMLA & gout before you consult a lawyer. That way, you can be clearer about your questions for your legal team. Which might help to reduce some costs. 

    Returning to the question, we can see that gout is covered under FMLA. But besides legal considerations, you should also seek professional medical. Because every gout case is different. This means that your case needs a professional medical review that also considers the legal issues.

    Can I get FMLA with gout?

    The test is whether gout is considered a "serious health condition"[1]:

    You may take FMLA leave for a chronic serious health condition, like epilepsy, diabetes, depression, or asthma. This category is intended to include conditions that are long term and may wax and wane, causing episodes of incapacity or disability.

    In the forum, I pointed out that if I were in this situation, I would rather treat my gout and remain working rather than take leave. But my situation is different from many gout sufferers. Because:

    1. I no longer have gout attacks due to long term allopurinol.
    2. When I used to suffer attacks, I had a good gout pain control plan that allowed me to relieve pain within a couple of hours or less.

    Does Your Gout Qualify for FMLA?

    So you have to decide. Can you get your doctor to treat gout well enough so that you don't need FMLA? I can help you arrange that. But if you have no option, what must you do to qualify for FMLA. Well, you can see from the studies I've found so far that every case is different. 

    FMLA & Gout with Comorbidities[2]

    Under the employer's FMLA policy, Lahey consistently approved Tayag's requests for leave over a three-year span, which typically lasted a day or two, in order to care for her husband. Tayag's husband "suffers from serious medical conditions, including gout, chronic liver and heart disease, rheumatoid arthritis, and kidney problems." Tayag assisted her husband by, "transporting him to medical appointments, helping him with household activities, preparing his food, aiding him in moving around the house, providing medication, and providing psychological comfort."

    Gouty Foot & FMLA Dismissal[3]

     Missy has been diagnosed with gout, a medical condition characterized by recurrent attacks of inflammatory arthritis. Attacks are spontaneous, but when an attack occurs, it causes an excruciating pain in her foot, rendering her unable to perform her job as a waitress. […] Missy brought a retaliation claim against her employer, alleging that she was actually terminated for taking Family Medical Leave Act (“FMLA”) leave

    So tell me your story and I can do more research for you. Then you have evidence and strategies for dealing with your professional advisors. All you need to do is click the New Ticket link near the top of this page. Or click 'No' below in answer to "Did you find it helpful".


    FMLA for Gout References

    1. Guerin, Lisa, and J.d. “Is Your Disability a Serious Health Condition Under the FMLA?” http://www.disabilitysecrets.com. Accessed March 19, 2020. https://web.archive.org/web/20170826121339/http://www.disabilitysecrets.com/resources/your-disability-serious-health-condition-under-fmla.htm.
    2. Korn, Lindsay. "Taking Care of the FMLA: Traveling with Family Members Under the Family and Medical Leave Act." Hofstra Lab. & Emp. LJ 34 (2016): 453.
    3. Shaffer, Melissa J. "Hey Employer, Did You “Notice” My Text Message?." Louisiana Law Review 77, no. 3 (2017): 12.
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