Question:
I am considering surgery, I understand that my insurance will cover it but I am
afraid that my employer may not like the idea and try to deter me or find reason to replace me...can they do this legally? — Reeda (posted on May 1, 2002)
May 1, 2002
Legally, they can not terminate you because you choose to have WLS.
However, they could find other ways to get rid of you, like elimnating your
position, citing job performance issues, etc. But, most employers, as long
as your insurance policy covers it and you either use earned vacation time,
personal leave of absence or short term disability benefits to cover the
time you will be gone, should welcome your efforts to improve your health
and be a more productive member of their team. Work with your employer and
compromise on when and how long you will be gone, if possible, so they can
make sure your work load is covered. Don't leave them short handed. Offer
to help do light paperwork at home while you are recovering, if that is an
option. Point out the beneifts to them of you having WLS. My employer is
thrilled by my new personal image and with my renewed energy level. I get
so much more done at work now and my attitude and outlook are very
cheerful. I haven't lost one day due to illness since returning from short
term disability for the WLS and I returned one week earlier then
anticipated.
— Susan M.
May 1, 2002
You are under no obligation to describe the details of your surgery to your
employer. You should be able to simply provide the Doctor's letter that
you will be out of work due to surgery. Chances are, your employer will
appricate it if you are discrete and don't give a bunch of details about
your medical care. The family medical leave act guarantees that you can
not be fired for missing up to 12 weeks for medical reasons. (You may or
may not be paid for this time based on your disability insurance.) If you
are still concerned, you should check with an lawyer in your area.
— Amber L.
May 1, 2002
If you work for a company with less than 50 employees, I don't think the
Family Medical Leave Act applies. Good Luck!
— Michelle F.
May 1, 2002
I was on the Family Medical Leave at my job and what I found out is your
employer cannot terminate you, but there is a chance that you can lose you
shift ( 1st,2nd,or 3rd). I was on 1st shift and when I tried to return to
work. I found myself on 3rd. Maybe this can help you.......Good luck.
— Karen M.
May 1, 2002
Have the surgery and don't be intimidated by your employer. I went thru
the same thing and decided this is MY life, MY health, so just go on and do
it. Like a previous poster said, you should be covered by FMLA. That
means they can't touch you, they can't discipline you. Have your surgeon
write a very vague doctor's excuse, have your surgery and don't worry about
anyone but you. In the end, you will have their respect. Just do it!
— blank first name B.
Click Here to Return