PLEASE HELP! I don't qualify for FMLA!

JuucyOne
on 1/18/12 5:45 am - Chicago, IL
VSG on 02/04/13
So... I've been at my new job for about 8 months. I don't qualify for FMLA yet, but I do have Short Term Disability benefits. Has anyone had this same issue? If so, did your employer allow the time off? Is there anything I should do? PLEASE HELP!
Fancy4684
on 1/18/12 6:02 am
I ran into the same thing and totally freaked out lol ! ! Then I called my HR dept. and all FMLA does basically is hold your job if you are you for an extened period of time and you have to be employeed for a full year before you qualify. It actually has nothing to do with disability pay outs I would talk to to your hr dept but mine said it was fine and still let me go out for the surgery.  

So talk to your hr. dept but its not a deal breaker at all  !! 
moonglo82
on 1/18/12 6:50 am
VSG on 03/29/12
I guess I don't fully undertand the post. Are you worried about your employer not allowing you to be off for surgery? I'm not sure that many employers would be brazen enough to fire someone, or tell them that they could not have time off, for medical reasons, especially if you are in the hospital. Talk to them and see. They probably won't even ask what kind of surgery you are having. But either way, it doesn't hurt to ask.

    
Highest weight: 277 Starting Weight: 250  Surgery Weight: 241  Current Weight: 130

Goal Reached in 10.5 months :)


 

A H.
on 1/18/12 7:09 am
Revision on 02/09/12
I would say if your boss and/or HR dept dont' allow you to take a couple weeks off from surgery then that's really dumb and you should find a new job after using your STD. I would think FMLA would only come into play if say you had complications and ended up being out over a month or so, then it would help secure your job but FMLA isn't paid time off. The STD will pay you after the first 7 days (5 business days) of sick time which you would need to use PTO or be unpaid for. After that the STD kicks in for as long as you are out.  (For me I am doing 2 weeks as long as it all goes smoothly.)

Hope that helps.


Band (09/07) removed, revised to sleeve 2/9/12.
    

darly50
on 1/18/12 7:28 am
 FMLA as you know doesn't kick in until you have been on the jod for at least 12 months and worked at least 1250 hours so no you're qualified for this yet but I would suggest you go to to your employer and talk to them as well as your insurance company as far a STD goes and I am betting they (employer) will allow you to have the surgery. 
jessicae
on 1/18/12 9:00 am
 most employers have a medical leave available for those not qualifying for FMLA.  good luck!

Jessica              Surgery Date 9/29/11 Dr. Ian Soriano Temple University Hospital, Philadelphia, PA          HW: 287 / Pre-Op: 280 / SW: 263.4 / CW: 161.6 GW: 145

           
    


 

JuucyOne
on 1/18/12 9:17 am - Chicago, IL
VSG on 02/04/13
Thanks everyone! You guys have really calmed my nerves
SuperRN597
on 1/19/12 1:57 am
I had your problem but for a different type of surgery.  Like you, I had not been there long enough for FMLA, but everyone is covered under the Americans with Disabilities Act.  It was a life saver for me because it allowed me to have knee surgery.  If you are heavy enough to have arthritis or some type of condition that you could get your doctor to complete the forms indicating that the employer accommodation for your disability would be the time off for the surgery.  It was how I was covered for 2 knee surgeries and my VSG.

Good luck to you.
 Sharon 
Consult date 1/11/10   Weight 398.5     Surgery date 3/1/10  Weight 374
HW 400+     CW 196.6    Dr. GW <200   My GW 150
     
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