MTSOs have a unique loophole in the FMLA Federal
Posted By: requirements. Check with with State you live in. on 2009-09-10
In Reply to: FMLA for the birth of a child - kennamt
MTSOs have a unique loophole. I got caught up in it a couple of years ago when trying to use medical leave for my personal medical illness.
Here are the Federal Requirements:
EMPLOYEE ELIGIBILITY
To be eligible for FMLA benefits, an employee must:
• work for a covered employer;
• have worked for the employer for a total of 12 months;
• have worked at least 1,250 hours over the previous 12 months; and
• work at a location in the United States or in any territory or possession of the United States where at least 50 employees are employed by the employer within 75 miles.
The loophole for MTSOs is the last one …”50 employees… within 75 miles.” MTSOs can interpret that to mean “50 employees who WORK FOR SPHERIS” within 75 miles of EACH OTHER. So, if you live in the middle of Wyoming, there may not be 50 employees within a 75 mile radius of your home. Thus, the loophole, which some MTSOs actually do use.
HOWEVER, some employees do have a counter-loophole. States also have FMLA requirements, and the State that you live in supersedes Federal requirements. In my case my Sate does not have the “75 mile radius” requirement, so after I contacted my MTSO and informed them of that, they backed down and approved all the leave I wanted.
Check out your State requirements to see if they are different. If they are not, if you can survive with 6 weeks and want to keep your job, I would not rock-the-boat any further. Personally, I would use those 6 weeks to find another employer who is more employee friendly, if there are any left out there.
Good Luck and Congratulations on the new Baby.
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DEVENTURE IS NOT UNIQUE, SADLY.
I never worked for Deventure. But, I did apply there. During the application process, there were red flags that alerted me to the fact that I did not want to work for them. It seemed to me that they were either extremely disorganized or downright dishonest. Sadly, I don't think they are unique. I've had similar experiences with many other companies during my search for the best job, which still has not been found.
But, you know what? I've also observed that many of these companies totally rely on the fact that they can manipulate MTs to the Nth degree. What was that word of wisdom that was once spoken by one of my favorite TV psychologists? You teach people how to treat you. Never was this as true as it is in the MT work world. Of course, you can go bankrupt while searching for those who will treat you as a human being and not expect you to perform as a tireless, inhuman robot.
Even if Deventure WINS this case, I praise the lady who is allowing her case to be heard.
Well, then that would be the loophole,
wouldn't it? Since none of us are really ICs, none of us will remain so. And the only change will be from statutory to FT or PT employee. Glad we cleared up that little bit of misdirection.
I have a unique history with DSG and found them to be very good!!!
I had a pretty good experience with them. I would consider my situation unique because I had left a couple of times and had asked to come back and they allowed me to do this. I was having a hard time juggling between two jobs and actually left them twice and was given the opportunity to come back. They were very friendly and professional about it as well. They were very helpful with questions and samples, etc. The scheduled was great, being able to work anytime of the day you wanted. The sound quality was not that great though and there were some accounts with lots of ESL doctors, which I am just not good at. Other than that I am sure I would have stayed with them.
They always paid on time and were always very kind. They answered my emails and questions in a timely fashion and the pay was pretty good.
Here you have classic IC loophole
This is exactly why MTSOs as well as MTs alike should understand the meaning of an IC. Nevermind the set schedule part for a minute.
An MTSO doesn't by law have to supply any work. Did they tell you in a contract they would? They can get around it because you are classified as an IC - they need not provide work, overtime, a steady income, any of that.
As an IC MT we have no rights to say to an MTSO you must provide me work.
Now, all the other MTs here who just love their situation of IC MT set schedules needs to read these posts especially the original post because this is exactly what happens in these situations.
No, you don't sit and wait. As an IC you find something else and tell that MTSO to stick their set schedule where the sun don't shine and that you are an IC and you need to work and that means contracting for other companies which is in essence what an IC really does.
The painter moves on to the next paying customer as does the MT. Also, I wouldn't worry about whose work you're taking. Take the darned work and transcribe it until you can find something else that's truly IC. You can't worry about their contractors; they are not your problem. Sorry, but that's the way it goes. Sounds harsh, but hey, they set us up this way; so it's dog eat dog now.
There is one loophole to their benefit.
I got caught in this with the birth of my last child. You have to have worked a certain amount of hours within the past year. Its an average of 24. If you worked enough hours to qualify, then you can absolutely take all 12.
They do not pay for FMLA. That is
just protection put in place by the government to hold your job. The only way you would be paid is if you have vacation/PTO time or sick time available for use. You can be off with FMLA, but not paid if there is no PTO available for you to use.
FMLA-MT
Is this part new? I worked for a national and had FMLA 3 times between 2006-2008 and none of the paperwork said anything about the below.
*Are employed at a company that employs 50 or more employees within 75 miles.*
FMLA
Just one point. No, they do not have to always approve it. There are certain criteria that have to be met including that the person must need full-time care, they are unable to feed themselves, and I forgot the other, but I do know those 2. My daughter had an emergency C-section a few months ago and has an 18-month old at home. She was not allowed to lift either child for 4 weeks after the surgery due to some complications so couldn't pick the baby up from her crib or pick her up 18-month-old to change diapers nor could she herself get in and out of the shower, walk steps (laundry) or basically even get in and out of bed. My FMLA was denied because my daughter could still feed herself. She is an employer lawyer and had told me right away I wouldn't get FMLA, and she was right. It will only be approved if it meets all the criteria.
FMLA
Is true, They must hold your job for 12 weeks, I guess since they do most of their business in India now they think they don't have to follow Federal law.
what about FMLA, does that apply? nm
x
Quit Job-FMLA
Laurie, First I want to offer my since condolences on the loss of your father.
I lost my mother 5 years ago. I don't have much good to say about my former employer, Spheris, but I will have to give them credit regarding their 3-day bereavement policy. My mom was in the hospital about a week before she passed. At the time I was working M-F, 2nd shift My brother called me the night she went into the ER, thinking she might pass that night. I emailed my supe and went to the hospital. When she did pass a week later, it was just after midnight between F-S, so I had the weekend off. The funeral was on Monday. I took my 3 days M-W and even asked for an extra day and got it as regular PTO. This was at a time when there were 3-4 hurricaines in Florida, where Spheris was based at that time and they had a lot of employees fleeing for their lives and the work volume was super high. I felt a little bad leaving them in the lurch, but I certainly took the time allotted.
As far as your FMLA, why wasn't it approved? By federal law they have to approve it. If you have PTO, you have to use that first and then any additional time is, of course, unpaid. Last year, my son was in a near-fatal accident and I applied and was granted full-time FMLA for the first week and then intermittent FMLA thereafter. Of course, I had a ton of PTO accrued so getting paid wasn't an issue for me. At that time, I worked a split a.m. and evening p.m. shift. I tried to work in the a.m. and p.m. and go to the hospital in the afternoon. However, if I needed to go in the a.m., I just emailed my supe. My son lived, thank God, and when he came home from the hospital he had many followup Dr. appts and many of them were in the a.m. due to Dr's office scheduling. I used my FMLA as needed with approval. Occasionally I made up time.
I don't really have much advice regarding what to say on job aps after quitting.
I know this is very long, but I just wanted to tell you that you have my sympathy for your ordeal. Maybe it wasn't the best to quit, but I would still like to know why they didn't approve your FMLA? Email if you want to talk further.
Sincerely, Lorie
FMLA only gives you the right to be out - the only pay you would get would be saved PTO or short-ter
x
FMLA - Depending on your state
might pay. I remember reading NJ just passed FMLA with up to 12 weeks pay (you'd have to be employee status though because it's taken from state disability funds you're paying into) and I think CA also provides for paid FMLA now. My state doesn't pay for FMLA, but does temporary disability and maternity is covered under that.
FMLA for the birth of a child
I work for Spheris and am questioning their FMLA policy. They are telling me that while I'm eligible for UP TO 12 weeks of FMLA, they are only approving 6 weeks after the birth of my child. According to what I read and understand about FMLA, for the birth of a child you are entitled to the full 12 weeks but HR is telling me that it's up to them to decide what I am able to take off and right now they feel I only need 6 weeks unless they have a doctor's note to extend it (which my doctor will not provide as there is no medical reason at this time). Everyone else I know gets the full 12 weeks and has never had a problem with their employers so I'm wondering who is right.
Found this description of FMLA eligibility
Employees eligible for leave under FMLA are those who:
· Have completed at least 12 months of service with the company, and
· Have a minimum of 1,250 hours of service during the 12 month-period immediately preceding the
commencement of the leave, and
· Are employed at a company that employs 50 or more employees within 75 miles.
What if you've already used FMLA leave before, or you think you may use it again in the near future?
You may wonder if you still have FMLA leave available to you. TriNet uses a rolling 12 months
measured backwards from the date an employee uses any FMLA leave. In other words: you’ll look at the
end date of your requested FMLA leave, then look back 12 months to determine if you’re still entitled to
any of your 12-week FMLA leave within that period.
go to their Portal, put FMLA in Search box, click FAQ.
nm
Uh, are you sure about Federal? sm
This may depend entirely on the MTSO, but as an SE with MQ, they did in fact withhold federal taxes for me, (but not state taxes.)
So, a federal law
for payment of overtime only applies to whatever hours the facility or company defines as overtime; not all based on a 40-hour week?
It is a federal offense
If the federal government checks the time the employee is producing work from the company software instead of the falsified time sheet and finds it is consistent across the board, the company will definitely be in a huge amount of hot water. I don't work for them and never have. I have my own small company with just me and two more employees, but if this is going on, the employees would have a firm case. They should also document the calls or even record them when they are called to work extra. Just my two cents. I hope this helps.
If you are an employee, they have federal
guidelines to follow to ensure you make at least minimum wage and to reference for overtime purposes.
Clocking in/out does not necessarily mean a loss of flexibility. It does mean some accountability, though.
You can go on line and get the Federal
forms from the IRS. I never did state, they were never that much anyway.
Your federal ID is just your SS number.
I am not an IC at Transcend, but I do some IC work in my local area. All I needed for this was to get a business license in my city of residence, for a home-based business. It costs me $26 a year, but I'm sure that will vary widely depending on where you live. (And that fee is tax-deductible.)
That's all it takes to become an 'established company,' to the best of my knowledge. Instead of a W2 at tax time you get a 1099.
Just call your city hall and ask them how to get a license to set up a home-based business.
If you have a home-based business you can write off all your computer equipment and repairs, and if your accountant is savvy enough, you can even take the home office tax deduction. Mine told me that is no longer an audit red flag because so many people are telecommuting now.
Federal Trade Commission ........ nm
ss
Do they take out for all taxes or just the Federal and you pay your own local? nm
s
WHY NOT MAIL THEM COPY OF FEDERAL....SM
and labor board guidelines regarding employment of independent contractors and the difference between IC and employment status. They cannot have it both ways...have their cake and eat it, too. They don't want to pay taxes, Soc Sec, and benefits for MTs.....but they still want the same control over the MT . Same mentality of most MTSO's....insulting our common sense & intelligence bec. they've soooooooo smart and we're are, collectively, soooooooo dumb!  
Several years ago, they passed a federal law
That law says that companies with over a certain number of employees have to provide advance notice (I thought it was 30 days, but maybe it's 60 days, I dunno)before just closing up shop and doing mass layoffs.
I do NOT think that law would apply to smaller transcription MTSOs with fewer than 50 employees or so.
It would absolutely apply to Medquist, though!
I google federal layoff law. sm
http://www.google.com/search?hl=en&q=federal+layoff+notice+law&aq=f&oq=
Can click open articles.
Companys should at least be reported to the Federal labor department so those coming up from behind. Sadly people need to be MADE to be decent to their fellow humans
SE doesn't take out federal and state taxes, only
x
Heartlanders-find a Federal resource to help
Although my job has not been displaced, I can emphasize with your predicament. I have seen the decline in pay and benefits as a direct result of offshoring and only being able to find a job with a MTSO who stands against offshoring by sacrificing about 30% of what I had just 3 years ago. Now I have custody of a 2 yo and because I make just barely above the 200% poverty level, I do not qualify for goverment benefits that I have been paying into for the past 30 years; however, because of certain federal funds being administered differently at the discretion of different states, I could move to a different state and the 200% limit would not apply to me!
In researching what benefits ARE available to me, I found the website I have linked below. There are benefits available to persons who have lost their jobs to offshoring but I would like to point out one thing:
ONE of the programs requires that at least 3 OR MORE persons having been affected apply for the benefit. So please for the sake of each of you that are going through your own crises, band together so each of you can find a solution that works for your own needs. Please leave the ability to email each other in your posts so you can network. You need each other's support now more than ever! Find out what you CAN do for yourselves and for each other. What have you been paying taxes for all this time? You deserve whatever benefits you can obtain...you have already PAID for them!
Here's The Federal Law on Mass Layoff Notice
http://www.doleta.gov/programs/factsht/warn.htm
This only pertains to federal health programs
Like VA. It says if the MTSO is paid with federal money, then they are subject to all these things.
ANY federal money - included Medicare and almost
I could be wrong, but I read it to mean ANY federal money which includes Medicare/Medicaid, and there are probably not too many hospitals, clinics, or private doctor's offices that do not have at least 1 Medicare/Medicaid patient. Seems to me they would not be too worried about all the listed countries for off-shoring if it was only VA, since there was already a big stink about off-shoring VA records. But then, as I said, I could be reading it wrong. I guess only time will tell.
Overtime is calculated in Elabor, in compliance with federal law....
We enter our hours into Elabor each day, and OT is calculated. Right now, with a slow workload, I doubt overtime is approved. As a matter of fact, it is not approved.
Does your MTSO take out all federal/state employee taxes? nm
nm
To be independent at Transcend, have to have own company established and federal ID number?
I guess that about tells it all, does it not? In other words not just the required 8 hour weekend but also you have to have established company. I wonder how many fit under that category?
Not state by state, federal labor law - sm
and you don't have to be asked. If you work it, asked or not, they have to pay time and a half OT rate for hours worked over 40 in a week.
Taken right from U.S. Dept of Labor -
An employer who requires or PERMITS an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA)MUST receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest.
Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work or double time pay.
And what about the MTSOs that ...
yell and scream and write nasty emails just because they happen to be in a bad mood? And that goes for some QA people I can think of too. They don't know or care to be civil. I suppose the double standard would apply here though. Only the peasantry should be given psychiatric tests?!
MTSOs?
Is this the correct board for me to ask a question of other MTSOs? I'm new to these boards. Thank you. D
MTSOs
Thank you! I have been in business 12 years and, if you can believe it, I have never implemented any guidelines for acceptable error rates from my transcriptionists. I have 19 transcriptionists and am finding that I need to do something to make them realize that they can no longer be lazy and just figure, oh, Dell will fix it. We have reached a volume of work where I cannot fix lazy transcription problems any longer. I am unsure how to go about this? What are various ways to figure out the allowable error rate?
Thank you for all the help you can provide! D.
MTSOs
I currently do offer a three tiered pay scale where the transcriptionists work their way up -- but I nevertheless find so many things they simply are not looking up or aren't sure of themselves and so will put question marks.
Do you know how the nationals figure the 98% accuracy? That's my real problem, I don't know how to go about figuring the 98% accuracy.
Good luck on getting that big account!! We have a large one starting on 02/01 and I'm nervous that with the sudden increase in volume I won't have the time to QA the way I have to now. In my area it is hard finding really top notch transcriptionists -- the couple I am having trouble with have been with me awhile and I've tried and tried to train them but they lack self confidence and don't THINK about what they are typing -- hard to teach that THINKING skill!!!
Who are the top 5 MTSOs (most MT's)? nm
nm
To all MTSOs...sm
I am just curious. I am sure it is very hard for MTSOs to find dependable, well-trained, honest people that work their required schedules as it is hard for dependable, honest, hardworking MTs to find companies that pay well, when they are supposed to, and have decent accounts and availability of work.
My question is where are you? I have close to 15+ years experience in multiple phases. I have been burned by 2 telecommuting companies already. I have been employed with this last company for over a year. I thought they were great but over the past 5 months or so things have began to have turned sour. Plus absolutely no benefits are offered. I can handle not having any benefits as long as everything else is good.
I have been skeptical to change jobs but things have just gotten to where I am completely dissatisfied.
If any MTSOs are hiring, I would be happy to take any test, send resume, etc. I just don't want to be burned anymore. I love this profession but times have changed. But like I said, it is hard for the MTSO as well as the MTs.
MTSOs
My opinion, I think part of the problem is with offshoring and the fact that offshored MTs can be paid less, therefore dropping US MTs pay. According to a lot of posts and my researching, MT pay has drastically dropped over the years and it's not getting better. Maybe if the MTSOs would post on what changes are happening on their end that makes them lower hire-on pay, that would help. From an MT standpoint, it seems that MTSOs are dropping MT pay but still lining their pockets, which is not a fair assessment, but that's the way some see it. We work hard and have to have a pretty much ongoing education to keep up with the medical terminology. I know some with 20+ years of experience are very frustrated that they cannot get a decent line pay. I don't know what MTSOs can do to make the situation better. Not all MTs are unhappy with their situation. I am very happy with the company I work with, although I do miss the statutory status and bonuses that I previously had at MQ, but times are changing and we have to adapt, and no I DON'T like it! Anyway, this is just my opinion.
MTSOs
I figure, it could get worse and for me, it actually has, so I try not to complain too much, but it does get frustrating and I try to look at it from both points of view, even though I'm not an MTSO and never actually owned one myself.
MTSOs
In the last 5 years that I have worked for an MTSO, I have seen a lot of changes in these companies and the way they treat their employees. When I first started working from home for one, the pay was good. They didn't bother you. They got your work to you...their were benefits. Now...with more experience and even certified, I get the run around too. Take a typing test with 20 minutes of dictation. Like being certified isn't good enough? My biggest concern is the fact they need to rethink how work-at-home employees should be treated. They tend to group us all together and try to treat us like we work in an office. It just isn't going to be the same. We obviously made this choice to work from home for our families. We give up a lot working from home, but they try to pretend that we should pay the same dues. The fact that they NEVER EVER CLOSE is a big one. Not to many companies out there make their employees work all hours, all days, all holidays with NO!!!!! reward for it. No thanks, nothing. They expect you to work on Christmas day in your home where your family is celebrating, perhaps 5 - 10 feet away and not participate?
For instance, I had to work last Christmas (and trust me, I've paid my dues on holidays). But it was a new job, so I had no choice. Sure I started late. I spent the first 2 hours celebrating with my family, opening presents, etc. As soon as that was over, I got on here and started working. I made my line count well before my shift was to end, but I got the mean e-mail about not working.
I think they need to get real. We work from home. We don't leave our problems at home when we go to work. Sure, you have to separate home from work while your working but I think they need to treat us with a little respect. Perhaps realize that we sacrifice for a reason instead of pretending that our reason doesn't exist.
Maybe they should take a clue from Google on how it treats its employees? Man I would just love to work there!
I feel so frustrated in this occupation lately, that I don't know what to do. I get the run around myself. Scheduling interviews and putting your whole day off for it and then the recruiter doesn't call!!! But e-mails saying sorry can we reschedule? NO, we can't.
I've seen and done it all in the last few years, offshoring, holidays, bad employers, horrible bosses. Its been a long time since I enjoyed my job.
Sorry if this runs on, but its late (since I have to work late shift to compete with the overseas people because they work while we sleep!) but I'm tired. Time to go to bed!
Here's hoping that something in the future happens and once again, our jobs are great and we brag to everyone about it!
This is what I believe about MTSOs
Most all of them are probably offshoring work secretly or not. They overall don't respect their MTs. They offer baloney rates. They lie through their teeth. They offer steak and deliver animal chow. They punish all MTs supposedly because of the faults of a few MTs. They keep tabs with countless instant messages and phone calls to keep their ignorant little children in check. They are constantly running ads because they can't keep good MTs.
How can any industry survive with this treatment? I think almost every one of them is offshoring whether they admit it or not. What other explanation could there be? It can't be simply because the MTs put up with it. There HAS to be something else behind it. MTs as an industry don't put up with any more crap than any other type of employees. BUT the MT industry has a way of offshoring work with nobody the wiser, unlike other industries and I think that is what is behind the whole sham. 
MTSOs
The way I see it (and probably others) is the reason many companies are struggling or not making it is because they did it to themselves. Coming from a hospital setting, it's like comparing USA to Aruba, and I'm not talking scenery, here!
MTSOs
The way I see it (and probably others) is the reason many companies are struggling or not making it is because they did it to themselves. Coming from a hospital setting, it's like comparing USA to Aruba, and I'm not talking scenery, here!
MTSOs
Shutting down the in-house hospital transcription department. Given the names of Alliance, Transcend, and Central Transcription Services. Not much of a choice. I need benefits. HELP!! Any information appreciated.
Those MTSOs
should spend the time making their company better instead of pretending it's so great.
You just wonder about people!
MTSOs and others
From what Im reading here on this board there are definitely some less desirable companies out there to work for. There have been warnings many times on this board about these companies. Its a vicious cycle it just keeps coming round and round, same company different month or week. It could be that recruiters for these same companies keep posing as MTs and hooraying about what a great company it is, lots of fuzzies and smiley faces to reel people in. Then, those very same people that were reeled in come back here to complain. Heres a clue for ya, if the company is not talked about on this board its probably one of the rare ok places to work. If you see too much bragging about a company then red flag- guess what, its a sneaking low down recruiter people!!!
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