Question:
Does anyone know if you can get fired for having this surgery???

I had gallbladder surgery in May 2003. My manager gave me a difficult time about that surgery & times I was ill regarding my gallbladder. He ever wrote me up & contacted personnel. Basically I am on my way out & if I am out sick one more time this year, I will loose my job. I really want to have WLS surgery, but I am terrified of loosing my job. Does any one have any advice (legal or just off the top of your heads) how to handle this situation. I don't know what to do.    — Evelyn A. (posted on August 24, 2003)

August 24, 2003
Fill out an FMLA form - I believe in accordance with the Family Medical Leave Act, any abscence related to your illness/surgery, can not be descriminated against
   — Shannon L.

August 24, 2003
Like the first poster said file for Family Medical Leave Act status. It guarantees you 4 months off related to medical problems for yourself or immediate family. If you have sick or vacation time coming then you are entitled to be paid. If not, then they still have to let you off unpaid. <p>Since your boss might take the opportunity to lay you off or fire you as soon as you tell him I would go to human resources first and inform them in writing that you will need time off due to having surgery. This way you have informed them before your boss and if he tries to pull something you are covered. Then ask for the FMLA form which the surgeon signs and indicates how long you will be gone. You in no way need to disclose what the surgery is for. My FMLA form just says abdominal surgery. Everyone knows now that I had WLS but at the time I wasn't ready for the news to travel should the form end up in a big mouths hands. Once I left for surgery I didn't care who knew. <p>Just cover yourself good before informing the boss.
   — zoedogcbr

August 24, 2003
When an employee takes off work for surgical reasons whether it is emergent or to eleviate pain an employer can not penalize you. To do so is harassment. This goes for any illness unless it becomes excessive without proper documentation from a medical provider. You will need a letter authorizing you to return to work. Fill out the FMLA papers and if he still gives you a hard time, take him to the Labor Board. They don't mess around with those who flagrantly disregard the law.
   — Sue A.

August 24, 2003
I just told my workplace I was going on vacation when I left for my open RNY. I had saved up 12 days and was back at work within my alloted time. It means I can't have a real vacation but was totally worth it.
   — Margaret G.

August 24, 2003
first yo have to determine if you qualify for fmla. not everybody does. you must have worked for the employer(i believe) 12 months and 1250 hours in the past 12 months. the employer must have > 50 employess, and certain management and "key" employees are exempted from fmla. It gives you up to 12 weeks off in a 12 month period, does not guarentee pay, but guarentees your return to a similar position at the same pay. You must also look at how many occurances of absenteeism you had. If you were off in May how many weeks, you get a total of 12 weeks for alll occurances in the 12 month period, not 12 weeks for each illness. also were you only out with the gall ladder or did you have other things that you did not ask for fmla. My employer looks less favoribly on missing 5 separate days here and there than 1 12 week absence. You might need to delay so you dont exceed the 12 weeks this year.
   — **willow**

August 24, 2003
All this advice is well and good but if you ,as you say, are on your way out, they will fire you anyway and find a way to degrad your work or something besides sick time off.
   — Delores S.

August 24, 2003
Hello Evelyn, I had my surgery in December and was also unsure of whether I would lose my job. They didn't seem too happy about me having to take off, but they knew there was nothing they could do about it for legal reasons. So I had my surgery, and they laid me off two months later saying that "business was slow". I think it had to do with the fact that I took the time off and they didn't exactly "approve" of my choice to have WLS. So if your employer really wants to get rid of you, they will find a way, but at least I got to have my surgery! I knew that this might happen ahead of time, so I started to put my resume out before surgery, and by the time they laid me off, I had another job in the works.:) Good luck. I don't think you should have to put up with that kind of harassment.
   — Christine F.