post op family leave

I posted this in the post op section, but also wanted to post this as an impromptu legal question, if anyone has any ideas, please let me know. Thanks I am going to be having the surgery hopefully before the end of the year. I was told by one of my coworkers that the company has a policy for fmla and  you have to be with the company one year before you can recieve it. Is that legal, can't I just easily go on disability and then they will just have to accept that? That does really seem fair or right to me. Also, with open or lap what time frame am I looking at? Can anyone please post their opinions and let me know what they think or if they have any insight into these matters. Thanks

I just did a lot of research on the FMLA (Family Medical Leave Act) for my friend whose daughter just had a baby and she needs to go and take care of her.  There is a lot of information on the US Department of Labor website about the Act.  Disability is VERY, VERY hard to qualify for and is usually for something considered long term. The FMLA is a federal policy not something that your company has although your company may have policies that relate to the FMLA.  My friend works for the USPS and they do have rules as related to the FMLA, but the Dept of Labor spells it out very clearly how one is qualified to take time under the Act.  One thing I did want to mention, the FMLA is for someone else to help take care of you like your husband, mother, father , daughter, etc (immediate family).  It is not something that you can personally use to take time off of work.  You have to use vacation, sick or being absent without pay if your employer allows that.  I wasn't sure if your question was related to you personally or a caregiver. Example:  My friend who is like a mother to me (and yes that is a criteria that is under the FMLA) can take vacation, sick or leave without pay to spend my first week helping me under the FMLA.  I have to use my own vacation, sick or not get paid.  My absence is not covered by the FMLA.

I am more concerned for myself. I need to take the time off work because I am going to have an open bypass. I figured if women that have babies can have the short term disability covered after child birth, then after surgeries should be covered. I will check out the US dept of labor website, I am also going to check our state dept of labor. Thanks for your help.

FMLA gives 12 weeks of protected leave for a person who cannot work due to a medical condition AND is avail for family members who need time off to assist the ill person. My hubby and I work for the same company and we both have 12 weeks of FMLA. FMLA and short term disability is different. FMLA is also different from the act that allows pregnant mother's time. In my state- TX- you must have worked at least a year in your position and you have had to work at least 1200 hours in the last 12 months. FMLA is protected time off. It doesn't matter if you have pd vacation/timeoff or not. Basically, FMLA is time off of work that is medically necessary for yourself OR to help a family member. It protects your job during the time.
According to the US Dept.

Synopsis of Law

Covered employers must grant an eligible employee up to a total of 12 workweeks of unpaid leave during any 12-month period for one or more of the following reasons:

• for the birth and care of the newborn child of the employee;
• for placement with the employee of a son or daughter for adoption or foster care;
• to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
• to take medical leave when the employee is unable to work because of a serious health condition.

A covered employee is:

(a) An ``eligible employee'' is an employee of a covered employer 

who:

(1) Has been employed by the employer for at least 12 months, and

(2) Has been employed for at least 1,250 hours of service during the 

12-month period immediately preceding the commencement of the leave, and

(3) Is employed at a worksite where 50 or more employees are 

employed by the employer within 75 miles of that worksite. 

You can get more info here. I hope you can work something out to keep your job and have this surgery and all the time off you need to heal!

Thanks sooooooooooooooooooooooooooooooooooo much for all your help! If all else fails, I will have to wait until after 12/9. I will go to my superiors and see if they are willing to give me the time, without losing my job. Thanks again for all your help!