Question:
ADA, disability, and WLS

That puts it in a nutshell. I printed out the portion on the ADA(at the front of this site) but I'm still not sure I would qualify as disabled. I think I am but I'm not sure someone else would. Can anyone tell me in your opinion If I can honestly say that my weight has disabled me. My comorbids are sleep apnea, chronic leg pain, dyspnea,disfunctional uterine bleeding, incontinence, GERD, high cholesterol, low back pain, and clinical depression. For the past 5 years I have struggled with my job, and I have taken FMLA, and paid medical leaves at least 10 times. I am currently on leave for the next 3 months (hoping it won't really be that long) because my legs have been swelling so badly that I am having a hard time walking. I'm afraid if I though the ADA at my employer in the attempt to get them to fund WLS, they will say I am not truly disabled. By the way I work in a factory, doing somewhat strenous work - very strenuous for me- . Does anyone have any suggestions to offer. I'm getting ready to send my packet into my employer and want to be prepared for what ever they through back at me. Thanks, Kim    — K T. (posted on June 21, 2001)

June 21, 2001
I am a little confused. Why are you sending the packet to your employer? Shouldn't this be going to the insurance company from your surgeon? Actually, your employer does not even need to know the exact nature of your surgery. I told no one at my workplace. As far as taking time off through FMLA, your employer only needs to be provided with a letter from your surgeon. My letter stated that I needed major abdominal surgery that would require I be off work for 4-6 weeks. Period. They are not entitle to know exactly what the surgery is. If they ask, just be prepared with a statement such as "It's personal and I'd rather not discuss it, but thank you for your concern".
   — Gina E.

June 22, 2001
Obesity in and of itself is considered a disability. You might even be eligible, based on that, for Social Security benefits. Which, in turn, can benefit you by way of Medicare (which will pay for this surgery). It would pay you to look into that. The previous post is absolutely correct in that you do NOT have to provide your employer any details about your condition - only that you have a condition that requires medical attention and an approximate time period that you will need to be off work. FMLA is only for 12 weeks during any calendar year; however, so you need to be careful of that. Are you able to accrue leave? Do you have disability insurance?
   — Sharon R.