Surgical leave denied by my job?!?!?!?
I'm not sure what they consider elective - even if the surgery is "elective" the time-off required to recover from the procedure is mandatory. While I don't work for the government, my work has a similar thing. I just asked my surgeon's office to fax them a letter stating how much recovery time I need. They seemed to be okay with that because they approved it this morning. Anything you get from your surgeon's office proves this is a serious medical issue that requires time off. What about time off without pay? I know that sucks but they might be willing to give you the 2 weeks that way. I hope this all works out for you. It sounds like they are just trying to be a pain in the ass.
~Marisa~
I did a little more research for you. Hope you don't mind. In Florida (not sure of your state, although I'm sure they have something comparable) the state statues require the following:
Discrimination Based on Handicap
The federal Americans with Disabilities Act (ADA) and Florida's Civil Rights Act ban employment discrimination based on disability or handicap. Florida courts have defined a handicap or disability as a physical or mental impairment of a permanent nature that substantially limits one or more of the person's major life activities. By "life activities" the law is referring to tasks that the average person can perform with little or no difficulty, such as caring for oneself, walking, sleeping, speaking, seeing, hearing, understanding basic concepts, and breathing.
Federal and state law does not impede an employer's freedom to hire or promote employees with the skills necessary to perform a position's essential duties. But the law does prohibit employers from making employment decisions based upon an employee's physical or mental abilities not essential to performing the requisite work. Moreover, the ADA requires that employers make reasonable accommodations for physically or mentally disabled employees. A reasonable accommodation is not one which unduly burdens the employer, but enables the employee to better perform his or her job. Some examples include modifying stairways, doorways, drinking fountains, machinery, rearranging work schedules, and providing special training.
Under the ADA law @http://access-board.gov/about/laws/ADA.htm it list the definition of covered disabilities as well as other rules and definitions. I think you could make a case for "reasonable accommodation" for medical leave. many times just the possibility of a complaint under the statute will change their mind. Especially once they see you are serious. Also the protection against retibution in your job should give them second thought of holding this action against you.
Just another angle I would look at. P.S. I am retired military and I appreciate your desire to help. We will take it wherever we can.
Discrimination Based on Handicap
The federal Americans with Disabilities Act (ADA) and Florida's Civil Rights Act ban employment discrimination based on disability or handicap. Florida courts have defined a handicap or disability as a physical or mental impairment of a permanent nature that substantially limits one or more of the person's major life activities. By "life activities" the law is referring to tasks that the average person can perform with little or no difficulty, such as caring for oneself, walking, sleeping, speaking, seeing, hearing, understanding basic concepts, and breathing.
Federal and state law does not impede an employer's freedom to hire or promote employees with the skills necessary to perform a position's essential duties. But the law does prohibit employers from making employment decisions based upon an employee's physical or mental abilities not essential to performing the requisite work. Moreover, the ADA requires that employers make reasonable accommodations for physically or mentally disabled employees. A reasonable accommodation is not one which unduly burdens the employer, but enables the employee to better perform his or her job. Some examples include modifying stairways, doorways, drinking fountains, machinery, rearranging work schedules, and providing special training.
Under the ADA law @http://access-board.gov/about/laws/ADA.htm it list the definition of covered disabilities as well as other rules and definitions. I think you could make a case for "reasonable accommodation" for medical leave. many times just the possibility of a complaint under the statute will change their mind. Especially once they see you are serious. Also the protection against retibution in your job should give them second thought of holding this action against you.
Just another angle I would look at. P.S. I am retired military and I appreciate your desire to help. We will take it wherever we can.
USAF Retired CW: 257 SW: 341 GW :170
I have a undergrad degree in HR and have worked in the personnel field for many years. I am quite aware of ADA. If you look at case law ADA has been used to remedy discrimination based on conditions that are based on obesity, not necessarily obesity itself. I was only sugessting she use it as a pressure point as she works the issue up the food chain. If you look closely, ADA, covers conditions that also limit ones ability to participate in life's activities. Accomodation can be works hours, location, conditions, and appropriate medical relief etc. The law is a general guieline not specfic to any condition - it's the case law that determines applicability.
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