Is WLS covered under the FMLA (Family & Medical Leave Act)?

Karen37
on 4/24/06 1:44 pm - Anchorage, AK
Hello! My name is Karen, and I am still pretty new to the site. I will have surgery on May 22nd, 2006, but I am not yet 100% sure of all my dates since I also need pre-op testing and a vena cava filter placed. It says that I am supposed to tell them as soon as I am sure of the dates, but I am not sure yet, so I am waiting to tell my employer. I am a teacher, and my workplace only gives us 3 combined personal/sick days per year. Due to the kids always getting me sick, I am at about 7 days this year, and have doctor's notes for each absence. I will need to take 5-6 days (not WEEKS!) off the last week of school to get WLS surgery. I have to get it done during "summer break," but have to do it a bit early due to my surgeon taking a vacation and my husband being deployed for the Air Force in June. I hope to recuperate most of June in order to enjoy *some* free time in July (school starts the first week of August). Can they fire me if I miss these days, or give me any grief? I have asked for leave without pay in the past, and have been told that "this is not an option here." I am stressed out enough over the surgery, and this is really worrying me. I love the kids and teachers at my school, and don't want to leave. Since I am at a charter school, we have no union. Does anyone know about whether this surgery is covered under the FMLA? I looked on the website, but it says that you can be granted leave without pay: "to take medical leave when the employee is unable to work because of a serious health condition." I might just get a note from my surgeon to back me up. Has anyone else had an issue with this? Thank you for taking the time to read my post and help me out. I really appreciate everyone on this site - this is such a great place! Love, Karen
Pamela Harris
on 4/24/06 1:52 pm - Elk Grove Village, IL
I have taken FMLA concurrent with disability, but I work for AT&T. You may want to contact your Human Resources department. HTH Pam
Cheryl M.
on 4/24/06 1:54 pm - H'lands, TX
Yes it is and you do NOT have to disclose to your employer why you are taking time off. Don't let them make you think that you do. Just tell them you need the FMLA paperwork and probably the Short Term Disability paperwork. Good luck, Cheryl
SweetCivi
on 4/24/06 1:56 pm - Yuma, AZ
Hi Karen, I work for a non-profit organization that provides services to the developmentally disabled. When I took off for about 2 weeks to have my surgery, they did count this as FMLA. But I agree, you will need to talk to your human resources dept. Kristin
Southern Y.
on 4/24/06 1:58 pm - North, AL
Karen, My surgery is May 3rd.I work for the local hospital!I had to call Harford!who our short term/long term disability ins is through, they also take care of our fmla papers.I had to tell them what days i would need to be off, they mailed me some paper work to have my surgeon fill out & snd back to them if i end up having to be off more than what i put in for i just need to call a day or so before my end date i gave them.They told me to do this even though i was using my time(i have saved up 3 wks vac.) for surgery.As filing for fmla will protect my postition for upto 12 weeks in the event of a complication.I did not have to tell them what kind of surgery i was having, only that i was having surgery, but i figure since my surgeon specializes in bariatric surgery, they will put two & two together.But that is ok.I am gonna do what i need to do to protect my job. Hope i helped you!Good luck.~Missy~
puppymutts
on 4/24/06 2:21 pm - My Own Private World
Yes, it most certainly should be. I know at my job it is (although I have exhausted my allowance due to complications) doublecheck with the disability issuer. I work for verizonwireless and it is covered by MetLife. Good Luck Blessed Be Mindi
~Beautiful One~
on 4/24/06 6:22 pm - Suburban, MI
I think so because my leave is being covered under FMLA and long term disability(kicks in after 14 days off), we have no short term. This procedure is considered MEDICALLY necessary, so then it should fall under a FMLA leave. Thats how it workd for my employer and I work for the State of Michigan. -Simone
DJ
on 4/24/06 7:53 pm - Parsippany, NJ
Karen, Check with your HR> your state may have STD(short term disability) requirements. STD and FMLA are not the same thing. FMLA doesn't pay you it just assures you have a job when you return to work. Others are talking about Metlife and Hartford and they are disability insurance companies that handle STD?> so ? your employer and call your state disability office. Every state has there own requirements. Donna
txbunny930
on 4/24/06 8:30 pm - MA
Hi Karen: I'm still pre op but did check everything out regard FMLA. You do need to disclose why you are having surgery to HR but this is kept confidential. Your HR can send you all the paperwork ahead of time because you will need your physicians to fill out the necessity. If your company has short term disability, you would have both covering you at the same time. You need to file 30 days prior to the time off, make sure you have some unused sick time and vacation time so that you do not lose any pay and also check the payout percentage STD pays during that time. Some pay 66.6% and others 100% due to length of service with the company. During a support group meeting this came up and someone stated that you did not have to tell but after a few minutes of discussing, it was stated that you do have to tell HR because of the paperwork required to filled out. I hope this helps. Good Luck. Lorraine
Valerie G.
on 4/24/06 9:41 pm - Northwest Mountains, GA
Yes, it absolutely is covered for you as well as DH if need be. Don't let them pressure you. I had someone on the DS board who was being pressured by her admin dept to come back (also a teacher), but the HR dept squashed that because her doc didn't clear her for another two weeks. Just work with HR, and they'll work with the administration.
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