Anyone not qualify for FMLA and took a leave for RNY?

I work retail and my hours i believe will fall short by 50-100 hrs for FMLA to kick in. I do however qualify based upon time of service but the hours will disqualify me. As of a few days ago i am ineligible for FMLA. But my leave starts March 1st for surgery March 5th. My job HR dpt and my management knows about the surgery and they have known since October. They have been very supportive in giving me days off for appointments, etc. Anyway i talked to HR and they told me when they got the email from FMLA denying my claim, she would put me on a personal leave which would allow me up to 8 weeks. She already took me off the schedule starting March 1st. So should i be okay if she agreed to a personal leave? I have been with this company since Oct 2011 and they have known surgery would be coming up this month or next month. Anyone have experience with this?

If they agree to give you time off, then you should be fine.  You can ask for their agreement in writing.

All FMLA does is protect you from losing your job due to medical reasons for the designated time period.  It sounds like your employer is being very supportive in working with you for this whether or not you're covered, which is a good thing.