CA SDI for RNY, Can you be fired? How about FMLA

Hi there, I'm sure this question has been asked over and over.  I know that I can submit for CA SDI, while I'm recovering from my RNY surgery.  I had an appt. with the nurse and nutritionist yesterday.  They mentioned getting your CA SDI paperwork in asap so they can be filled out, so I know I can receive CA SDI while I'm recovering, but can your employer fire you while on CA SDI? See I only have about 5days of paid sick. My employer wasn't happy when I told them I needed 2weeks off. Now I find out my surgeon says 4-6weeks.  I would like to take the full time they allow, because heck I just want some time off and I can focus on my shopping, adapting and spending some time with my kids, heehee. I know my employer will be pissed, but if they can't fire me, then who the hell cares!

Now how about FMLA, does that apply to RNY?

My employer allows 12 weeks of leave through FMLA...so my surgeon asked how much time I wanted..I said 12 weeks! I figured I might as well take what I could.The FMLA is for anything medical as far as I know. My employer just knew I was having "abdominal" surgery...but didn't know it was RNY, I did not feel it was necessary to tell them. It was so great to have that time off to get used to things. If your employer has the FMLA benefit...then they cannot replace your position for 12 weeks. Good Luck!

So they forsure can't replace you while on SDI. I don't think I'll go into FMLA.

SDI will not protect you. You need to get the FMLA paperwork from your employer. When they found out I would be having surgery then they sent me the FMLA papers and I had my surgeon fill out a part of that. Ask about it.

As long as you have FMLA they cannot fire you. Where I work there policy is 3 months out of the year. I'm not sure if each company is different with aloud time but as long as you have the time and you get your paper work in theres nothing they can do to you. Keep in mind that when you have to leave work for doctors appointments related to the surgery you will have to use FMLA. Hope this helps. Sherri

I had to be out for 8 weeks because of a partial hysterectomy and all I needed was a note from my Dr that said I was having abdomial sugery. My office mentioned that they might hire a temp but I dont believe that they can replace you.

SDI does not secure your job.  FMLA does.  Your HR is also required to inform you of your right under FMLA although alot of them seem to forget that.  I would get your FMLA paperwork in.  It does not provide for pay while you are out.  But your SDI will cover that.  These are not either or options you take them both concurrently.  Employers are not so happy with FMLA because it ties thier hands but Federal FMLA law provides up to 12 weeks medical leave.  Certain conditions apply.  You must have worked at leat 1250 hours in the last 12 months and be employed by a company that has at min 50 employees.   Never mind here is the link to the FMLA site..................  easier than typing it all in for you.   Good luck http://www.dol.gov/esa/whd/fmla/

I had FMLA  papers filled out to cover me during the time that I am not covered for SDI, then SDI for the rest of the time.  I had those filled out by my doctors office on my pre-op appointment before my surgery. Annabelle