Quick Update and FMLA Lesson

Two weeks from this very second... I should be coming out of surgery.  Yeah... its finally coming... All the hoops (really rings of fire) that I have had to go through are now behind me (hopefully) and its time to get on with the rest of my life.

I have told my family of the date and hope to avoid any major conflict by asking most family to stay away until after the surgery... Fortunately, the Hospital has said to limit the family present during the surgery to one or two...

I did have a little scare early last week when I put in for my time off... I was informed that I would have to request FMLA leave which requires 30 day notice for "elective" surgery... elective--- okay...that's another topic for another blog.  But I digress... thanks to the folks in HR...they were able to get the time approved quicker than what is mandated...

Now boys and girls for today's lesson... When I asked for my sick leave of 12 days... I was advised that it triggered FMLA leave... The common knowledge around here is that FMLA would apply after paid leave runs out...turns out there is a clause in the legislation that allows employers to require employees exhaust sick/vacation/personal days off concurrently with FMLA... Its fine with me.... they are correct on the application and there is no need for me to argue....

Take a look at it from the employers vantage point. I have about 2 months worth of sick leave.  Imagine if I was able to exhaust that 2 months and then ask for another 12 weeks of unpaid FMLA on top of that - it has the potential to put an employer in a bind (especially a small company) with an employee out of several months.  I am not saying it is right but the law does say FMLA and other paid leave run concurrently.  You may also want to check your state equivalent of the FMLA that may provide more than 12 weeks,