Question:
Can I have this surgery and not tell my employer
I'M GOING TO HAVE SURGERY, I DO NOT WANT MY SUPERVISORS KNOWING WHAT TYPE OF SURGERY I'M HAVING. IF I CAN WHAT DO I TELL THEM. THEY WILL KNOW WHEN I RETURN TO WORK. WE HAVE TO FILL OUT DISABILITY PAPERS. SO DO I HAVE TO TELL THEM? RIGHT NOW THEY THINK I'M HAVING PROBLEMS WITH MY BACK. WHAT DO I TELL MY SURGEON? (PATIENT CONFIDENTIALITY) HOW DO THIS STAND WITH MY EMPLOYER? — Valerie C. (posted on April 17, 2000)
April 17, 2000
Funny this should come up because I pondered this same situation. Employers
want to know too much about your personal life (illnesses and the like).
It's more than enough for me that they have my SSN and know that I have no
criminal background. Anything else is non of their business. Some things
are just better left unsaid, as in this surgery. Being a nurse, I'm sure I
can think of something to tell them other than the real deal.
— PrettyHotAndTempting
April 17, 2000
I felt the same way prior to leaving to have my surgery... and actually I
only told my supervisor at the time that I was having some major surgery on
my stomach area, I left it at that. I am sure he would have liked to have
known more, but I just ended it at that, with regards to the leave of
absense papers if you have a HR dept you usually turn them in there, and
your supervisor should not be told or notified of what these papers state.
When I did get back to work, I had such warm feelings from everyone and so
far everyone in my dept supports this 100% and they are all so excited
about my changes! Just remember this is your personal business and you
should not be pushed into telling anyone you do not wish to tell.
— Jamie T.
April 17, 2000
I used the following 'reason' on all my medical leave and disability forms:
"recovery from major abdominal surgery". Period. As long as the
doc signs it, I figured its no one's business.
— Toni B.
April 17, 2000
I had a letter from my surgeon stating that I would be having major
abdominal surgery and would be disabled for x weeks. Neith my boss nor HR
asked for additional details. If they do, you could simply say that it's
personal, but thanks for your concern.
— Gina E.
April 17, 2000
The Family Medical Leave Act (FMLA) is probably one of the most complicated
Federally-required HR policies employer's have on the books today. The
good news is that this is a employee-friendly policy. Your request must be
in writing, it must be supported by a medical practitioner (and can include
clinical psychologists and MSW's) stating the medical reason for the time
off and the length of time recommended. You are allowed 90 calendar days
time off for serious medical reasons in a twelve month period. It would
appear more than reasonable to have your doctor state Abdominal surgery.
Your employer probably doesn't need additional information to determine
your eligibility for FML. Your employer has two business days from the
date of your request to respond back to you in writing (approval or denial
and the justification). Failure to do so places a very heavy burden on
your employer should you need more time off. The courts have stated that
FMLA approval cannot be given retroactively. That is, if you take 90 days
off with your employer's good blessings, but your employer did not provide
you written approval, then you are still entitled to 90 calendar days FML
in this twelve month period. The initial 90 days cannot be counted against
you in assessing your attendance or absenteeism, nor can it be used as a
reason to deny your second request for a 90 day FML. As I said the FMLA is
very complicated and requires that the employer follow a very strict set of
guidelines and rules. It is very unforgiving if the employer is lax in
responding to FMLA requests or uses FML time off for determining
absenteeism problems. If your employer or HR representative asks for
additional details, then ask them to explain exactly what it is they need
to know in order to approve your request and you will pass this information
on to your medical practitioner. Good luck [email protected]
— Shauntay
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