EMPLOYER PROBLEM!

I know it is upsetting that your employer is being such an obstructionist but unfortunately the FMLA laws will not give you any job protection until you are there for a full year. If you resign and take another position elsewhere you would have another full year to wait. I would go to your HR department and see if she can prevent you from using your vacation time but my guess is you have not accumulated a months worth in 7 months of employment. The most viable option would be to see if any precedent has been set with other employees being granted leave or extended vacation with less than 1 year of service and if so I think you may have a discrimination case to pursue!!!

In addition to all the other advise you have been given, I would scour your Employee Handbook for information on a MEDICAL LEAVE (as opposed to vacation time or FMLA). If there are provisions for having to be out for medical reasons, you can certainly apply for State disability (I don't believe that there are time of employment restrictions on that, but you can get info online at http://www.state.nj.us/labor/tdi/tdiindex.html#). Read, read, read.... and hopefully the company you work for is large enough to have an HR department - don't be afraid to call them directly to ask them what you can and can't do! Good luck. Wendy

Yes, i am in the process of reviewing all the information on the states temporary disabilty laws, however, i am scared because they can at any time let me go for any or no reason, and they are probably going to be keeping an EXTRA eye on me during this month to see that i dont try to leave for the surgery at any point. They may even let me go tomorrow for all i know. My goal at this point is just surviving until i can have the surgery. Unfortunately, there is no HR dept and since my insurance is covered 100% by the company, they may even call the insurance company to have the surgery excluded. Sigh. Lets hope not. Thanks for the reply

Ana, I would stop B.S. and speak to an attorney immediatley to make you aware of your rights. In addition to this, you've mentioned that people have made insensitive comments regarding your weight at work - what have their supervisors done to address this matter? It sounds like a lot more is going on than just your supervisor's inability to understand the urgency of this matter; or possibly even jealously on her part that you are doing something to improve the quality of your lfie. Call Jacoby and Meyers or one of those companies who claim they don't take money from you unless you win; usually their consulation is free. And it's worth it..you don't know if you're insurance is going to approve you the next time around...remind your boss of that.

Unfortunately, my boss is the top of the food chain. She, along with the President of the Company/ Director of Development make all the rules. I definately want to bring a suit of disrimination and harrassment against them. I plan on contacting a lawyer this week to go over my case and see if i have any legal grounds to sue. Thanks for the advice. I couldnt sleep last night because of all this mess and with my surgery date so close, i worry that i will never get the surgery if i have to re-schedule. In addition to the insurance not approving me possibly the next time around, they may have a policy on how many Upper Gi, or Pulmonary Visits or Echo tests i can have in a certain span. I dont need to know that they limit those tests to once every 5 years for someone my age. You know?

hi ana sorry to hear of your troubles have you already been approved for the surgery thru the insurance company?? check out medical leave as opposed to vacation time and if you want to leave the job anyways and get another job, just call out sick the day of surgery and file for disability like you plan on doing i don't think they can fire you for a medically necessary surgery -- but i'm sure they can find another stupid little reason take care roberta

I am sure your office is like mine.. vacation time is at the discretion of the manager and if they don't feel they have to staff to let you go for that period of time they don't have to approve it. So that being said, your medical issue may have nothing to do with it and here advising you of such may infringe on Hippa or other employment privacy rules. Call the labor board to see if you have any standing in this case. If you were taking an actual medical leave it may be the way you think it should be but unfortunately if sound like you don't have enough time in there to take a leave.

I am so sorry you have to go through all of this. If you are planning to find another job anyway, can you quit and just pay COBRA to keep the insurance coverage? It doesn't look like you have too many other options with this company. Because your department is so small, and vacation is at the discretion of this boss, there may always be an excuse to keep you from taking sick leave to have your surgery. I can alsmot understand if they have someone out on maternity leave and someone else out for something else - but it sounds like these people have no intention of working something out with you

I thought of Cobra, but my freind in HR at my previous employer says its too expensive. So, i plan on just calling out sick the day of surgery. lol. That way, if they fire me, i will have done nothing wrong, and i can collect unemployment for the next 26 weeks. Makes sense to me. Thanks for the advice though. Wish me luck.

Dear ana first of all who told her what kind of surgery you are having? They are not allowed to ask, and you do not have to tell them. I would get a letter from the surgeon saying it is medically necessary without saying what kind you are having. Even you surgeon is not allowed to tell them. When you get the letter make an appt. With someone over her. Let them know she led you to believe that it would be all right, now that all is set in place, she is giving you a hard time. Keep us posted. This is the reason why we don't tell anyone. Good luck bridget k.