FMLA question

I have the lap band and it slipped and is around my esophagus,  so it must come out. While the dr is in there he is going to do the sleeve. I completed my fmla paperwork to take 2 weeks off work. I received an email today that said they needed a note from the Surgeon stating that the surgery was medically necessary and why... I have 223 hours of sick time. What if i chose not to do the fmla, do you have to have fmla approval to be off work for 10 working days?  Any one have any advice?

thanks in advance

Interesting. Are you a federal employee?

no, i work at a bank

I think it will vary depending on the policy of your employer. Some just need a doctors note if you take off over X number of days. Honestly it is pretty crappy they are even making you go through this. FMLA is generally reserved for extremely long periods of time off, or if you have a chronic condition which would cause repeated absences (protecting you from termination). 

thank you

FMLA does protect just "in case" anything goes wrong and you end up being gone longer or need to be off for appointments connected with this condition over the next year.  As long as the FMLA paperwork is on file, they can't take any negative employment action against you for those absences.  

Ten working days is two weeks - most companies let you take two weeks vacation.  You know your employer best.  If you're not worried about them looking to trump up a reason to fire you for two weeks of ffor a surgery, then don't mess with the FMLA paperwork.  Otherwise, jump through the hoops to get it completed. 

thanks Tracy, i go visit the dr today and see if he will write a note. But after that im done. I have 4 wks vacation, i will just use that. I wanted to do that in the first place but they said i needed to do fmla becuase it was a surgery.

I would talk to your HR representative.  You are not required to give them details of your medical issues.   So what I tell my employees is that FMLA is there to protect you and your job.  Our policy is that if you are out more than 3 consecutive days then you have to have a Dr. note. Plus after a certain number of days called out affect you because of the attendance policy.  I had my surgery on the 18th.  I am supposed to return to work on the 9th.  I filled out the FMLA paperwork and have a short term disability claim as well for two of the three weeks I have been out.  To tell you the absolute truth I am really glad I took the extra week.  My body really needed it.  I wish you luck. Make sure you get all of your paperwork in order.

thank you, i was worried that i may need 3 weeks off. Ive never taken this kind of time off work EVER.. even when I had my thyroid removed, i only took a week. Im paying 3 weeks will be good since i have a desk job. Congrats on your surgery and i cant wait to join you on the losers bench!

FMLA offers more protection than just taking sick leave.  If you take FMLA the laws guarantee that your job is protected while you are out on leave.  There are also protections against employer interference with your leave and retaliation for taking time off.  FMLA applies to time off for your own serious health condition among other things.  You don't have to use it but it is wise.  If you get the impression that your employer is messing with you in any way I would contact an employee rights attorney in your area immediately.