Question:
Please, I need your help!!
I got approved for the surgery and a date of January 16, 2003. I tried to have the surgery at the end of this year but my employer told me that I did not accrue enough time to get off, but told me I can do it at the beginning of the year because the company automatically gives all employees 2 weeks off. It just so happen that I got approved by my insurance and I told my boss, then they sent me a company letter to all employees stating that I will no longer get two weeks automatically at the beginning of the year, because now there's a new rule that is effective 1/1/03. Now I have to accrue sick time in order to have those days off, and they do not allow any type of unpaid leave. What do I do now? Please, I need all of you guys advice. — Luscious1 X. (posted on December 23, 2002)
December 22, 2002
I believe that your employer is obligated to give you medical leave. It
may well be unpaid, but most states have laws regarding this. One other
option may be leave of absence- you'd have to check your employee manual on
that. If you do not have a cooperative HR department, please talk to your
state employment office and ask about the law in your state. Good Luck!
— LMCLILLY
December 23, 2002
Hi there. I am sorry to hear about your problems. By federal law, if you
have worked for your employer for over 12 months, they are required to give
you unpaid leave for sick time under the Family Medical Leave Act. If they
refuse to give you the time off unpaid please report them to your local
Department of Labor office. Unpaid leave may not be what you are looking
for, but it may be your only option if don't want to reschedule your
surgery. Good Luck!
— nchaudoin
December 23, 2002
Tell your employer to get a life and then nicely remind them of the Federal
Family Medical leave Act. They MUST let you take this leave unpaid and
keep your job for you. Like the others said it will be unpaid but it may
be the tradeoff you need to make. If you can deal with the 2 weeks of no
pay, then go for it and keep your surgery date!
— zoedogcbr
December 23, 2002
One other thought! I was assuming you were talking about using vacation
time. If you have any accumulated sick leave you are entitled to use it
for this surgery. I intend to us sick leave as I need my vacation time for
our trip this summer.
— zoedogcbr
December 23, 2002
Doesn't your state have Short Term Disability. You get paid 80% of your
salary and you use it when you have to take off more than 5 consecutive
work days. It's what you use when you take maternity leave. Take 6 weeks
off and tell your boss to have fun without you. Don't have have to rush
back to work! I took 8 wks off because I didn't want to come to work and
puree all of my food in front of people. So, once I was on solids, I came
back to work. Take your time. Milk it.
— [Deactivated Member]
December 23, 2002
Your employer is required to give you Family Medical Leave IF YOU ARE IN AN
OFFICE OF 50+ EMPLOYEES. Our office has less and our employer honors that
leave, but is not REQUIRED to. I would definitely talk to the Labor Board
anonymously until you get all your ducks in a row. You don't want to tick
your employer off for no reason. Then if you see that you are indeed being
treated unfairly you can handle that with HR. Unless of course you don't
mind your employer hating you for calling the federal government down on
their heads! Just don't use the advise you see here - mine or anyone
else's as a basis for ruining your job.
— Scarlett A.
December 23, 2002
Be careful in fighting for Family Medical Leave Act time. You really have
to know the law, so I would do a search on it for the whole scoop before
you proceed to speak with your boss. Your employer does have to give you a
job back, but not necessarily the same position you had before. Good Luck -
Anna LAP RNY 7/3/02 -98lbs.
— Anna L.
December 23, 2002
Thanks to all who posted, your comments were all very helpful. I have been
with this company for less than a year. I've been here since april of this
year, which makes about 8months to date. This is a fairly large company-
850 employees in the office and thousands on the cruise being that I work
for one of the largest cruise lines in the world. I got feedback from some
other employees, and they told me to go over my boss head to human
resources. But I would hate to do that because when you become enemies
with your boss, you risk being fired for simple things they would normally
over look. I went and talked to my boss and she told me to just wait six
months to accrue enough time off for the surgery. I explained that I would
gladly take unpaid leave, but she told me that she won't approve that. So
either way I'm put in a situation, where I just may end up resigning in the
end. Once again thanks to all of you wonderful people who feel my pain.
— Luscious1 X.
December 23, 2002
Just a note about short term disability. That is something that you buy on
your own, or, if you're lucky your employer buys it for their employees.
It is not a requirement for any employer to buy it that I know of. I was
incredibly lucky to be able to collect STD for the 6 months that I was off
work and also for the 1st 4 weeks I was back when I was still working part
time. However, it's a benefit from my employer, not something mandated by
government.
— garw
December 23, 2002
Being that you've been with your company for less then a year,
unfortunately you don't qualify for FMLA. Even though they do have more
than 50 employees, you still have to have worked there for a year in order
for FMLA to kick in. Technically, your employer doesn't have to hold your
job for you. Are you more worried about taking time off OR getting paid
for the time you take off? FMLA only protects time off, there's no salary
payment by using FMLA. If you are enrolled in Short Term Disability (STD)
coverage, then that would take care of supplementing your salary - NOT the
time off. There are only 5 States (NY, NJ, RI, CA, HI) that provide a
state mandated STD benefit. I would definately suggest checking with your
HR Department because it's sounding like they are making a company wide
change to your benefits (vacation time). It would never hurt to talke to
them, and don't look at it as going over your bosses head - you are merely
attempting to get clarification on something. Good luck!
— Rosario T.
December 23, 2002
Check and see if your company offers the FMLA Program. Another option is
possibly getting your sick benefits while you are off. Please remain
optimistic, and I am sure things will "pattern" out. This is a
very stressful time for you, and I understand...my date is Jan. 10 ! April
— april-michele D.
December 23, 2002
I am more interested in protecting my job. I can go a few months without
being paid. My question is if they ask for proof of Family Medical Leave,
how do I go about showing proof that I took off for family reasons and not
my own? I really would hate to lie to them when they know I am persuing
this surgery, only to come back a bit smaller and to continue to loose
weight. They will figure out that I went for this surgery and then may
look at me as a liar. I'm pretty sure they would fire me then. Like I
said before I'm not looking to get paid time off. Just some time off to
have this surgery, get better and return to work.
— Luscious1 X.
December 23, 2002
Family Medical leave is for you or anyone in your family. I was out of
work for 6 months with my surgery and used FMLA for nearly all of that
time, so you can use it for yourself. I think another poster is right that
you have to have been there for a year before you can use it, though.
— garw
December 24, 2002
I would try a different tact. You qualify for the surgery, so it obviously
is "medically necessary". Explain to your boss that you are ill,
and the surgery is medically necessary; this is not cosmetic surgery. Once
your doctor determined that your surgery was medically necessary, you got
the first date they could give you-- they don't look at it as elective.
Tell her about your co-morbidities, if you have any. Explain how the
surgery will make you healthier, so that you will become a better employee.
As her if she would deny you the leave if you had heart failure-- and
explain to her that untreated, this could happen to you, along with a
number of other complications.<br>
I bet that your boss is thinking of the surgery as "cosmetic" and
"elective" surgery. You wouldn't expect to get special treatment
for a face lift. However, if you are having medically necessary surgury--
life saving surgery--you deserve the same treatment as anyone else who has
such surgery. Be nice and careful when you educate her, even if you want
to call her a bonehead. Then, if she doesn't support you, go to human
resources. You need this surgery; you shouldn't be denied because your
boss is unsympathetic. Also, if they deny leave for your medically
necessary surgery while granting leave to others with such surgery, then
this smacks of discrimination. Your human resources office would know
common practice, and better understand the necessity of granting the leave
than your boss, if she is so boneheaded to refuse after you explain the
surgery.<br>
Finally a question: If you go through this and still don't get your time,
consider quitting. Really. Do you want to continue working for a company
with so little sympathy? I'd say that life would become pretty unbearable.
If you do quit, be sure to elect COBRA coverage-- ie, continuing heath
coverage (however you will have to pay).
GOOD LUCK!
— Beth S.
December 24, 2002
I agree with Beth. Perhaps if we start educating folks (i.e., bosses) that
this is medically necessary surgery, discrimination against the obese will
begin to abate. Don't think of this as a whim, and don't let others treat
you as if it is. Your surgeon has said it is medically NECESSARY. If they
fire you, well, maybe you can sue 'em. :) Merry Christmas.
— Tamara K.
December 25, 2002
Hi! Your company may ask you to use any vacation/sick days first before
going into the unpaid FMLA time. I think you are allowed to keep 1 week
unused time for yourself for after you get back to work. That was the case
for a co-worker of mine when he needed time off from our large company.
Good Luck! Ka.
— Karen H.
December 26, 2002
There is a federal law that requires all employers big or small to offer
each employee FMLA (Family medical leave act). This would entitle you to a
12 week unpaid time off. If you can afford not being paid for the time
off, then do it. Tell your employer your date and let them know it cannot
be changed. Make sure you document everything you tell your employer and
what they tell you. Keep copies of everything.
— dolphins94
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