Question:
If you have the sick leave built up

can your boss deny you the time off. we are short staffed and I am scared of this happening.    — Kim N. (posted on December 31, 2002)

December 31, 2002
Everyone is entitled to up to 12 weeks of medical leave a year. It's called the Family Medical Leave Act or FMLA. Hope this helps!
   — Lisa H.

December 31, 2002
You have to be employed with the company for a year before FMLA will protect you. Actually its a number of hours, 2080 I belive. But that is what 40 hours per week for a year equals out to. It has nothing to do with the amount of sick time you have accumulated. But if you think you have enough sick time to cover you after surgery, I would have to assume you have been there for over a year. FMLA gives you 12 weeks per year of unpaid protected leave. Meaning they cant fire you for being gone for those 12 weeks.
   — RebeccaP

December 31, 2002
Like the others said your boss may not like it but doesn't have a leg to stand on. You want to use sick leave for medical related stuff it does not matter that it is an elective surgery. If you run out of sick leave then the Family Medical Leave enters in. I would plan that however long you plan to take off that you plan your first week back as half days. That way you can ease back into the routine and maybe even come back a week earlier and make your boss happy.<p>My 2nd level boss - reports to the head honcho, won;t be happy when he finds out because of the time I will be gone and I'm head of a department and we are always very busy. But my immediate boss knows and is 1000% in support of this and said he will deal with the big guy. I have great staff and as long as I leave them with a list of projects to tackle things will be fine. He really will freak when he find out I will be gone for at least 3 weeks starting the end of June for vacation. But the bottom line is I have tons of sick leave to cover way more than the surgery and I am entitled to my vacation. Again my immediate boss knows and says go for it all! It really helps to have that support.
   — zoedogcbr

January 1, 2003
I, too, was very worried about this. I actually had my boss ask me to wait until the first of the year due to staffing issues, but you need to stand your ground and remind them that this is medically necessary. (You don't even need to tell them what it is. For all they know, it's just abdominal surgery.) Under the Family and Medical Leave Act (federal law), if you have worked at least 1,250 hours at this job, you are entitled to 12 weeks of leave. Let me know what happens and good luck!
   — RedHeadBeauty