Question:
Can my employer fire me??
I am very new to the company I work for (since May 7th) and I am all set-up for having WLS surgery the 2nd week of September. Having that I have not been emplyed by the company for 12 months yet I am not eligible for FMLA. I know I will need 4-6 weeks out, and I don't care whether they are paid or un-paid, but my big concern is if my employer can fire me for having the surgery done even though I have not been employed at the company for a long time?? Any info is greatly appreciated!! Thanks — Jennifer E. (posted on June 11, 2001)
June 10, 2001
I started at my job in early May knowing I would be out in late June for
surgery. I told my boss after my first week of work that I had just found
out I need to undergo major abdominal surgery. He was fine with it,
although I did feel guilty when he said, "It's not like anyone goes
looking for surgery." ha! Anyway, my theory is that I am a good
worker and why fire someone who you've already gone through the pains of
training? Many employers will hesitate to fire someone who is good at
their job. One thing to note in my case is that I'm only taking two weeks
off.
— PT LawMom
June 10, 2001
The hard and fast answer is: yes, they can refuse to give you leave and
end your employment. In most companies, this would be an unlikely
scenario, especially if you are a good employee. It costs too much to
train and acclimate an employee, and while they will undoubtedly be annoyed
by the leave, they will not want to lose a good employee over it. Give
them as much notice as possible so they can plan for coverage while you're
gone. Many companies offer a short term disability plan which kicks in at
90 days of employment, so you might want to check that out as well. - Kate
-
— kateseidel
June 11, 2001
I took five weeks off and I really needed it, although I had no
complications with my surgery. Concerning Barb's answer below, I think some
of us do need the time off, and it's not just because we want the time off.
When I had my four-week check-up at the surgeon's office, he was so
concerned about me he ordered immediate blood work because I was so drawn
and pale. So, you may need to take four, five, or even six weeks off,
depending on how you heal for this surgery. Hopefully, you'll be feeling
better sooner than I did, and can go back to work earlier. My best to you!
— Kristy J.
June 11, 2001
I am going through the exact same thing as you are. Check out your Employee
Handbook. In my case, if I were to take a leave (even if it is medically
necesary) over 2 weeks time, I will get replaced. You won't get fired...but
you may risk losing your current position and get transferred to another
department..many times lower down the ladder with lower pay. Something like
that does not seem right or fair..but your company may have a different
policy. But I have seen this happen numerous times with my current employer
and I work for a very large property consulting firm in the state. That is
true about the Family/Disability leave..you will have to have one year of
employment in and have to take several weeks off for it. In my case, I only
was employed 3 months when I discussed my consideration of having WLS
surgery to my supervisor. Luckily she is an understanding person and has
supported me eversince. However, as for the people above my supervisor in
management are not too keen about the idea..they are more worried about how
my leave will affect the company and my department. Even when I made
arrangements for a replacement until I do get back. My surgery is for the
14th of June and hopefully I will be back to work by June 25th. Just
explain to them how important the surgery is and how it will result in a
much healthier employee..(which will lower their insurance costs in the
long run!) and perhaps your doctor has reccommended or feels WLS may even
save your life! Good Luck!
— [Anonymous]
June 11, 2001
I think there are two issues to this question. The first is - that many
laws vary from state to state so the final answer is best obtained from an
attorney familiar with employment law in your state. THe second factor is
that most of us are "at will" employees - don't have signed
contracts,etc.... So for the majority of us, most business can let us go
at any time with out cause because we are employed "at will" of
the employer.
I know this doesn't sound great, but on the other hand, your employer could
let you go tomorrow with just a brief notice. So I guess it would depend
on how much you love your job - as to whether or not you go for surgery
while still being a new employee. Good Luck
— Krista L. S.
August 14, 2001
Hi Jennifer,
I'm in a similar situation, starting with a new job on April 1st. First of
all the FMLA will only protect you for the first 2 weeks, after that you're
on your own. My company apparently has a very unusual policy for this.
For any one requesting more than 2 weeks off, they start to actively
recruit for your position. If after the time you and/or your doctor says
you can come back, you still need more time off, they will replace you
immediately. If they find someone hot, they give the employee the right of
refusal to come back, WHETHER YOU'RE READY OR NOT!
The way I look at it, if they fire me it will be a huge lose for the
company, and I probably wouldn't want to continue with a company that has
that thinking anyway. After a few months, I will be able to go out and
market myself as a much more confident person. Don't sweat it, is my
advice. There are plenty of jobs out there, but only this one chance of a
lifetime!!
— danhait
January 2, 2002
(I'm Director of HR at a health care facility in Alabama.)
You mentioned the Family Medical Leave Act, and you are right that you are
not eligible for 12 weeks of leave and job protection under FMLA. However,
you didn't mention ADA, the Americans with Disabilities Act! That's a
whole new ballgame! As a morbidly obese person, I'd say you have a
disability that limits several major life activities and you are disabled
as defined by the law. So, although your company may deny you leave under
FMLA, you can ask for 4 - 6 weeks of leave (paid or unpaid) as a reasonable
accommodation under the ADA. If they deny your request, go to the nearest
EEOC office and file a claim. Your employer will have to prove that the 4
- 6 weeks leave would have caused a substantial hardship to the business.
In an "at will" employment state, you can be terminated for good
reason, bad reason or no reason at all - AS LONG AT THE TERMINATION DOESN'T
VIOLATE THE LAW! Go see your HR person and ask for the time off! I know
for me, good employees are hard to find, and I couldn't replace you in 6
weeks. I'd rather support you through your surgery and recovery and hope
you come back to work!
— tonib
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