Question:
Can the federal Family & Medical Leave Act apply to me for WLS?

A month is a long time to be out of work. I wonder if I can use the Family & Medical Leave Act to cover me and keep my job for me while I am off work and recovering? I am a single guy, and I would like to have my job back when I recover! Any thoughts on this?    — Cary D. (posted on August 15, 2001)

August 15, 2001
I applied for FMLA at my work just to cover my butt for all of the days I will be off for testing prior to surgery, let alone surgery. I was approved. You are allowed 3 months off per year at my work. This is unpaid for me, but you can get short term disability.
   — Sasha A.

August 15, 2001
I was approved for FMLA from 8/27 until 9/10 the only thing with is I have to use my sick time. Luckily I have enough time to cover my leave.
   — davia.p

August 15, 2001
I am on FMLA and short term disability right now. I also belong to a union. Even though I am having trouble with the company I work for because I have taken FMLA so much(for all my medical conditions that are related to my weight) I know my job is protected. There is not a waiting period. Although, unless it is an emergency, you are suppossed to give them 30 days advance notice or a forseeable amount of time so that they can arrange to have your work load redistributed. I have never given noticed and never been denied. Email me and I will tell you what to do. [email protected]
   — K T.

August 15, 2001
There is no waiting period for FMLA and if you are eligible for FMLA, your pre-admission testing, surgery, recovery period and post-op checkups should all be covered under it. There are certain requirements that determine if your employer has to provide FMLA, like the number of employees at the company. Also you have to have worked for a certain amount of time before you can be eligible but I'm not sure what that is. Try these websites: http://www.nationalpartnership.org/workandfamily/fmleave/questions_answers.htm OR http://www.dol.gov/dol/esa/fmla.htm OR search on FMLA or Family Medical Leave Act. You may also be covered at the same time for Short Term Disability through your company if they have such benefits. Good Luck.
   — [Anonymous]

August 15, 2001
I used FMLA - Leave Without Pay for 12 wks. Once an employee invokes FMLA, you are entitled to 480 hrs or 12 wks of Leave Without Pay and the entitlement last 1 yr from the day you invoke. In other words, say you were off 6 wks and invoked FMLA, then for one year from that date you could use it periodically 1 hr at a time, 8 hrs at a time, or whatever you want for 1 yr. I work for Dept of Justice and they continued to cover my health insurance while I was off but when I came back I had to have the policy premium deducted from my first pay. It is a wonderful thing that Bill Clinton accomplished during his presidency. Also the FMLA is not a "kindness of your employer"; it is a law! And all Federal employees who qualify (i.e., work for the agency for 1 yr, have a doctor's certificate requesting it) can invoke it. You are entitled to it. Good luck!
   — Marilyn C.

August 15, 2001
I am using FMLA for my Sept 7 surgery. Not only that, but I also applied for and was approved for Short Term Disability which pays me @ 66 2/3% of my salary & I can also supplement that with my banked sick time or vacation time. The case worker who handles the STD even told me that 6-8 weeks seems to be the time that people have been taking off for WLS and if I needed more than my requested 6 weeks, all I had to do was let her know. :)
   — Ilene M.