Question:
My employer is discriminating against me.

My employer is self insured and absolutely will not cover WLS under any circumstances. I will be self pay. My boss has agreed to approve my request for sick leave to cover my time off. I have hundreds of hours saved. Yesterday, I found out that someone in our employers benefits office is monitoring all employees who are obese in case they have this surgery. They want to make sure that if employees do have the surgery, that they don't get paid while they are off. I do not know if this is official or if it is being done by this individual for her own reasons. She has already told me that she considers this surgery to be cosmetic. It is bad enough that I have to pay for this myself but I think it is incredibly unfair that I also will not get paid for the time off. I feel like there is nothing I can do about this but at the same time, I do not want anything to interfere with getting the surgery.    — [Anonymous] (posted on September 21, 2001)

September 20, 2001
Hold on, there! There ARE things you can (and should) do about this terrible situation. First of all, if you have extra hours "saved," you absolutely should be compensated for that time. Second, have you checked the OFFICIAL written policy of the company regarding those extra hours (most companies do have a written policy)? Third, is there someone else in your human resources department with whom you can check both the facts and the policy? Have you spoken with this person's supervisor? I am not saying "complain" because that rarely gets results, but maybe you should just point out that you are trying to clear up a nasty rumor that you heard that despite your boss having cleared your sick leave, you won't be compensated for it. It is none of That Person In The Benefits Office's business what the sick leave is for, after all! Sick leave is sick leave, period.
   — Marjorie B.

September 20, 2001
That is illegal... I like the post below... all excellent points, however if it doesn't get you anywhere have a lawyer make a call to them, and they'll back off. People are so afraid of litgation these days! Legally you didn't even have to tell your boss what kind of surgery you're having... and it looks like it's too bad you did. Good luck to you and keep us posted!
   — [Anonymous]

September 20, 2001
Its not discrimination if it is not written in their policy. And not all employees are members of the groups that protect you. You can ask for time off..family medical leave act.. but they only have to pay you for what time you have "saved" You do not however have to tell anyone WHY you are taking off...but if i had an employee that asked for an unusual amout of time off, i'd want to know the basic reasons. Be reasonable. I work for a small company who has allowed me all the time i need...but i do not get paid...this is only fair i think. they will use the money to hire a part time temp. person while i am gone....jacki
   — Jackiis

September 22, 2001
It is absolutely reasonable for you to use hours of sick leave that you have "saved". They may not have to cover WLS under your policy, but it is not reasonable for them to say that you can't use sick leave that you have already earned and accumulated! Read your company's policy on sick leave. My guess is that if your surgeon certifies that you need recovery time off (and of course you will need time), that this firm will not be legally able to prevent you from using the leave. If they still refuse, sounds like time for a lawsuit to me - as well as compensation for your pain and suffering! Their position on the sick leave is unsupportable and unreasonable.
   — Kathy J.

September 22, 2001
Why don't you just say you're having your gall baladder removed and although it's a simple proceedure your dr. had requested addtional time for healing because of your size/weight. this is what I'm going to do. I don't have quite as bad a situation as you but I'm avoiding "office talk"
   — [Anonymous]

September 22, 2001
Sound's like your employer can't deal with obesity very well. I am sure that under the FMLA (Family Medical Leave Act) that they do not have a choice if the Doctor has indicated it to be medically necessary. Last poster was correct, if they continue I would seek legal action. My thought are with you.
   — Mary K.

September 22, 2001
I am very familiar with the Family Medical Leave Act or FMLA. Your employer cannot deny your leave if your physician deems it necessary no matter what the reason is. It could even be something as simple as stress. Your employer can ask for a second opinion under the law but as long as your physician deems it to be necessary you will be covered under FMLA. Also about your insurance, Many states have laws specific to weight loss surgery and if it is deemed medically necessary your company/carrier can not deny that coverage either. Virginia has a law like this. You should check your own state laws.
   — Debbie R.

September 23, 2001
Although your employer is self insured, it is still regulated by some agency, be it the insurance commission for your State, etc. Furtheremore, her opinion that the surgery is cosmetic doesn't give her the right to make things difficult for you or anyone else. Depending on your State, she may be required to cover the surgery. Check your States legislation regarding this surgery (Maryland's WLS becomes effective October 1, 2001), which means that the surgery is covered except in the case that your company has less than 50 people I think. I'm not sure if you've even applied for the surgery, but it sounds as though she has intimidated you into not even applying. Lastly, does your company have short/long-term disability? If yes, then you're okay. Maybe you can contact the ins company directly to get an idea of what their policies are as well as checking with your State laws. This definitely sounds like discrimmination to me, for obesity can be considered a disabling condition. Please let us know how this turns out and I wish you the best of luck!
   — Kimberly D.