Question:
What do I tell my boss?

For the hundredth time, I am posting this question in reference to my employer. They DO NOT want to let me off without pay for the surgery, and I don't have any sick/vacation time. My surgery is going to happen in exactly 9 days from today, the 16th of Jan. What can I tell them so they can let me off. Some suggested that I lie and tell them it's an emergency surgery for gall bladder, some suggested I tell them abdominal surgery. But the thing is, they already know that I was planning on having WEIGHT LOSS surgery, and if I try and lie now, it might end with some serious consequences. What do I do? What should I tell them? Because I am still having my surgery next thursday no matter what!    — Luscious1 X. (posted on January 7, 2003)

January 7, 2003
Get your surgeon to write a letter or get him or his ofice staff to call HIM! I think if you go to obesitylaw.com they have info on what your emplyer can and can not do. Your work (if im not work) is NOT allowed to lay you off becuase you are having surgery that is needed.
   — sandrac131

January 7, 2003
I agree with Sandra. I don't think your employer can do much about it. Especially if your insurance is paying for it then they obviously have determined that it's medically necessary for you. It then shouldn't be different from any other surgery that would be performed to save your life. I know with most jobs there is a 3 month medical leave. It's sort of like maternaty leave. I would check into your company policies just to be sure but as far as the laws go, I don't think they can do anything if it's been determined medically necessary. Good luck!
   — Laurel C.

January 7, 2003
Sounds like you have already made up your mind to have your WLS. Now, you need to make-up your mind to deal with the consequences on the work scene - come what may. I hope for the best for you... Lori (06/02/03, 308/217)
   — [Deactivated Member]

January 7, 2003
If you are MO then this would be covered under FMLA. This is the law and you can bring a complaint against them. I know this for sure as I had to and I was let off after they put me through the wringer.
   — Tammy P.

January 7, 2003
Get a letter from your doctor stating medical necessity and there is nothing they can do. A co-worker at my job suggested I lie and tell them I was taking vacation for one week and call in sick for the 2nd but I told the truth and nobody cared! I was worried for nothing. Unfortunately my surgery has been cancelled and I am looking for a new surgeon but they know I am planning the surgery. I did make an effort to schedule when it would be less disruptive.
   — Stacey F.

January 7, 2003
Everybody is right. Your employer HAS to give you the time off and reserve your job (up to 12 weeks) if you are on a medical leave, no matter WHAT type of surgery it is. Have your Dr. send in the letter for medical necessity. Look up the exact terminolgy for the law and show it to him along with the letter. That ought to do it.
   — Kris T.

January 7, 2003
You didn't mention what type of employer you have. It is a small company under 50 employees and not a type listed as an exception to the 50+ employees then you will not be able to invoke the FMLA. Here is text on eligible employers. <p> (a) An employer covered by FMLA is any person engaged in commerce or in any industry or activity affecting commerce, who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. Employers covered by FMLA also include any person acting, directly or indirectly, in the interest of a covered employer to any of the employees of the employer, any successor in interest of a covered employer, and any public agency. Public agencies are covered employers without regard to the number of employees employed. Public as well as private elementary and secondary schools are also covered employers without regard to the number of employees employed. (See Sec. 825.600.) <p>(b) The terms ``commerce'' and ``industry affecting commerce'' are defined in accordance with section 501(1) and (3) of the Labor Management Relations Act of 1947 (LMRA) (29 U.S.C. 142 (1) and (3)), as set forth in the definitions at section 825.800 of this part. For purposes of the FMLA, employers who meet the 50-employee coverage test are deemed to be engaged in commerce or in an industry or activity affecting commerce. <p>http://www.dol.gov/esa/whd/fmla/ <p> Take Care, Be Well, and Be Happy!
   — John T.

January 7, 2003
Talk to your doctor and have him write a letter and list all the medical reasons you need this surgury. Then when you talk to your company tell them you need to do this for medical reasons so that you can better do your job. Also prayer helps it did me. My company was great after I did this.
   — Lana Rush