Legal Question in Employment Law in Kentucky

My company uses FMLA after 3 days on sick leave. The FMLA pulls from aquired sick time so that I get paid. I am currently on "sick" leave because my employers want to get a release from my Dr. to remove one of my medications or change it to a non-sedative medication. I was forced to take paid leave and I can understand why. The problem is, I only have 80 hrs. paid sick leave/FMLA to use. I found out today that the Dr. they are waiting for wants to see me for a follow-up before he changes anything. That may involve another G.I. Scope with about 2-3 days recovery (I was very sick after last one) normally what I would use my paid sick leave for. BUT, he will be on vacation till the 27th of June. I will have already used all my sick leave long before then. My question is....Since I was forced to take "sick" leave due to a medication issue and it is going to take so long to get back to work, is there anything that can be done government or company wise to still recieve income?

Asked on 6/15/11, 1:39 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office

If you don't have the paid leave, you don't have the paid leave, simple as that. If you have short term disability coverage, you might be able to apply for that, but otherwise, I would try to find another physician, or explain to your doctor the need to change medications. While your health and well-being is extremely important, so is paying your bills! Doctors often fail to understand that, while something might be the standard of care and even the best treatment, sometimes the patient just isn't in a position where they can comply. Have a frank conversation with your doctor about the situation.

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Answered on 6/21/11, 4:51 pm

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