Question:
Can my boss legally refuse to let me have this surgery?
I got a promotion at work 2 weeks ago. My daughter and I have been working on having surgery since June. I got my approval this week and all my boss said was he wish he had known this before he gave me my promotion!!! I have worked my A-- off for him for 3 years and deserved this promotion. I have put my heart and soul into my job!! I have made sacrifices many of you will never understand but I love what I do!! I am crushed that he does not think enough of me to be supportive! Doesn't he realize that having this surgery will increase my stamina to work harder? Why does he wish he had known about my surgery before the promotion? Didn't he give me the promotion because I deserved it? I am never out sick and have not taken a vacation in 2 years! Can he do all of this legally? This is a disability, is there anything in the disability act to protect my rights without risking my job?! You will never believe this but I am a nurse and he too is a nurse that has <15%interest in the business! — Theresa H. (posted on August 31, 2003)
August 31, 2003
Assuming your workplace has 50 or more employees, you are protected by the
Family Medical Leave Act (FMLA). This law guarantees you 12 weeks of
unpaid leave for a serious illness, of which I would certainly believe WLS
would qualify! Your employer can NOT retaliate against you in any way for
you exercising your rights under this law. This law protects your job and
benefits.
— Cherie A.
August 31, 2003
Well, he's being a jerk, but maybe he's afraid you'll die and he'll lose
you? I told very few people at work because I was afraid they'd think that
and take over my job. People can be such ignoramuses. Plus for me, I have
had few job opptys because of my weight. Losing weight gives more choices,
one of which is what job to take. He may feel threatened.
— Margaret G.
August 31, 2003
I'm sorry to hear your boss did not rise to the occassion and wish you
well. My boss was so supportive from the first second I told him I was
even thinking about it and I had gotten a surgical consult in 2 days and
needed the morning off. He said go! While the FMLA does protect your job
it does not protect the actual job you have. They have to keep an
equivalent position for you for that 12 weeks. Also if you have
accumulated sick leave or vacation they don't hav ea whole lot to say about
it, especially if you use sick leave.
<p>I imagine it will be a few months till you get your surgery so
just continue to show him why he chose you for the promotion in the first
place. Who kows, maybe he tinks you'll be out for months or something,
which should not be necessary. I had open and went back part time the 3rd
week, about 6 hours a day the 4th week and full time the 5th week. I could
have done full time the 4th week if I had to but my boss was like just do
what you feel comforatble with, so I did it that way. I think 1/2 time the
first week is a very good way to go about it. I would work in the morning
and sleep in the afternoon.
— zoedogcbr
August 31, 2003
As an employer, I can tell you that in many states, an employee can not be
denied medical care, nor can they be terminated if they seek medical care -
for any reason. In Virginia, MD or Washington DC, if I tried to fire
someone who tried to take time off for medically necessary surgery, I could
get sued and I would lose. The disability act does not cover obesity, but
other laws cover medical necessity issues in many states.
— M B.
August 31, 2003
Theresa, I think its the PERFECT time to have this surgery. Since you were
just promoted you would be able to make a very strong case against your
employer if they were to suddenly fire or demote you. Make sure to fill
out your FMLA papers and put things in writing NOW to your human resources
person that way its documented that you've made your intention to have the
surgery known. Many people don't have a way to prove that their treatment
at work is the result of a specific incident, whether it be this situation
or some other illegal thing such as sexual harrassment or ANYTHING. So in
that way, you're lucky.
— Shelly S.
September 1, 2003
First of all, why have you not had a vacation in 2 years? I would die
without a vacation. Secondly, you will only be off work 2 weeks on average,
so what's the big deal?
— Dana S.
September 1, 2003
Off work for two weeks on average? I have never heard that statistic. I
have been off for 6 weeks now and have yet to see the doc for my
return-to-work checkup. If you have 6 weeks (at least) coming to you, which
is about a standard leave for major surgery - TAKE IT! I had no
complications, but recovery is a serious thing. I couldn't even drive until
I had all of the staples removed. Shame on your boss for not being more
positive about this, but he likely cannot fire you over this. Maybe he
needs more info about the surgery and the overall costs of long-term MO,
both to you and to him. Cut out some easy to read articles and commentary
(New Times last Sunday's paper)for him to learn more. Best of luck to you!
— Suzanne M.
September 1, 2003
Have you asked your boss why he said this? He is the only one who can
answer it. Why didn't you take a vacation? Could you use some of that time
along w/ medical leave? If you have built up vacation time and don't plan
on using it then go for it. I used to be the same way. I didn't feel like I
was worth the job so I didn't take a vacation because I was insecure. As
long as I was there I felt needed. My company took advantage of that by
trying to deny me things hoping I would go along with it. I had to stand up
for what I wanted. TALK to your boss. Don't threaten, harass or cry. Calmly
and objectively prepare your arguments. Write down his answers in front of
him so he knows you are serious.
— snicklefritz
September 2, 2003
Your boss is a nurse and has so little empathy??? I guess you make up for
it. He sounds like a real jerk. You, on the otherhand, sound like a real
gem. No wonder he doesn't want you to be off. I bet you do the work and he
gets the credit. Sounds like his mouth engaged before his brain.
— koogy
September 3, 2003
Thought I would give you guys an update. I asked him directly if he has a
problem with the surgery or the timing. He said that it was the timing in
that "it presents a significant liability to our operations in your
area". He said he understood my position on the surgery. I feel like
he may be doing some sidestepping here. I have a date of 11-3-03, saw the
doc today, I had lost 6 pounds since I saw him in July. Not alot but every
pound helps. I still have to tell the boss that I have scheduled it and
put in for my time off but I do poan to go back in 2 weeks as I have a desk
job.
— Theresa H.
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