Question:
Can I have this surgery and not tell my employer

I'M GOING TO HAVE SURGERY, I DO NOT WANT MY SUPERVISORS KNOWING WHAT TYPE OF SURGERY I'M HAVING. IF I CAN WHAT DO I TELL THEM. THEY WILL KNOW WHEN I RETURN TO WORK. WE HAVE TO FILL OUT DISABILITY PAPERS. SO DO I HAVE TO TELL THEM? RIGHT NOW THEY THINK I'M HAVING PROBLEMS WITH MY BACK. WHAT DO I TELL MY SURGEON? (PATIENT CONFIDENTIALITY) HOW DO THIS STAND WITH MY EMPLOYER?    — Valerie C. (posted on April 17, 2000)


April 17, 2000
Funny this should come up because I pondered this same situation. Employers want to know too much about your personal life (illnesses and the like). It's more than enough for me that they have my SSN and know that I have no criminal background. Anything else is non of their business. Some things are just better left unsaid, as in this surgery. Being a nurse, I'm sure I can think of something to tell them other than the real deal.
   — PrettyHotAndTempting

April 17, 2000
I felt the same way prior to leaving to have my surgery... and actually I only told my supervisor at the time that I was having some major surgery on my stomach area, I left it at that. I am sure he would have liked to have known more, but I just ended it at that, with regards to the leave of absense papers if you have a HR dept you usually turn them in there, and your supervisor should not be told or notified of what these papers state. When I did get back to work, I had such warm feelings from everyone and so far everyone in my dept supports this 100% and they are all so excited about my changes! Just remember this is your personal business and you should not be pushed into telling anyone you do not wish to tell.
   — Jamie T.

April 17, 2000
I used the following 'reason' on all my medical leave and disability forms: "recovery from major abdominal surgery". Period. As long as the doc signs it, I figured its no one's business.
   — Toni B.

April 17, 2000
I had a letter from my surgeon stating that I would be having major abdominal surgery and would be disabled for x weeks. Neith my boss nor HR asked for additional details. If they do, you could simply say that it's personal, but thanks for your concern.
   — Gina E.

April 17, 2000
The Family Medical Leave Act (FMLA) is probably one of the most complicated Federally-required HR policies employer's have on the books today. The good news is that this is a employee-friendly policy. Your request must be in writing, it must be supported by a medical practitioner (and can include clinical psychologists and MSW's) stating the medical reason for the time off and the length of time recommended. You are allowed 90 calendar days time off for serious medical reasons in a twelve month period. It would appear more than reasonable to have your doctor state Abdominal surgery. Your employer probably doesn't need additional information to determine your eligibility for FML. Your employer has two business days from the date of your request to respond back to you in writing (approval or denial and the justification). Failure to do so places a very heavy burden on your employer should you need more time off. The courts have stated that FMLA approval cannot be given retroactively. That is, if you take 90 days off with your employer's good blessings, but your employer did not provide you written approval, then you are still entitled to 90 calendar days FML in this twelve month period. The initial 90 days cannot be counted against you in assessing your attendance or absenteeism, nor can it be used as a reason to deny your second request for a 90 day FML. As I said the FMLA is very complicated and requires that the employer follow a very strict set of guidelines and rules. It is very unforgiving if the employer is lax in responding to FMLA requests or uses FML time off for determining absenteeism problems. If your employer or HR representative asks for additional details, then ask them to explain exactly what it is they need to know in order to approve your request and you will pass this information on to your medical practitioner. Good luck [email protected]
   — Shauntay




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