Work is forcing me to take a leave???
I work in HR, and after reading this, my first thought is that you should REALLY make sure to have your FMLA paperwork ready to go before you have your surgery. As the previous poster said, if your company falls within the guidelines of FMLA and you have been there for at least a year at the time of the procedure, they have to hold your position or an equivalent one for you for up to twelve weeks. Most likely, the reason they want you to go through HR is so that you are all covered in terms of FMLA. This is actually the best route for you if (God forbid, and highly unlikely) you were to have any complications from the surgery and need to take more time off. I completely understand the frustration, but try to take it as a positive. Going on sick leave through FMLA is most likely the best way to protect yourself and your job. You are correct, in GA, private companies can let you go for just about anything...unless you are protected through FMLA. Great choice on your surgeon! You will be in great hands with Dr. Macik and Robin!
Here's the deal: Your company can approve or nix a vacation at their whim. If the timing is inconvenient, the DO NOT have to let you take a vacation.
On the other hand, under FLMA, they can NOT refuse to let you take the time as a medical leave and use vacation pay to cover it. But the hitch is you do have to be there for a year to qualify.
So your boss is right legally - in order for you to be able to say "I'm taking this time whether you like it or not" you DO have to have an approved leave of absence. The good news is that your weight loss surgery counts as a reason for an approved leave of absence.
the bad news: Yes. They can fire you if you don't do this. FMLA laws exist for your protection, but they require you to follow the procedures.
On the other hand, under FLMA, they can NOT refuse to let you take the time as a medical leave and use vacation pay to cover it. But the hitch is you do have to be there for a year to qualify.
So your boss is right legally - in order for you to be able to say "I'm taking this time whether you like it or not" you DO have to have an approved leave of absence. The good news is that your weight loss surgery counts as a reason for an approved leave of absence.
the bad news: Yes. They can fire you if you don't do this. FMLA laws exist for your protection, but they require you to follow the procedures.
Highest weight: 335 lbs, BMI 50.9
Pre-op weight: 319 lbs, BMI 48.5
Current range: 140-144, BMI 21.3 - 22
175+ lbs lost, maintaining since February 2012
I'd ask HR about FMLA and short term disability. You might not have to use your PTO at all. Or maybe just the first week. Remind HR obesity is considered a serious medical condition. What terds. At my job I planned on using my PTO but they told me I only needed to the first week and I'd get short term disablity after that....that's HR telling me this...I didn't even know!
HW: 351 Pre-op: 272 Current: 140.7 Goal:160 M1:14 M2:14 M3:11 M4:10 M5:10 M6:12 M7:8 M8:6 M9: 6 M10:7 M11: 6 M12: 4 M13: 5 M14:7 M15: 4 M16: 3 M17: 1 M18: 4
"Glory lies in the attempt to reach one's goal and not in reaching it." - Gandhi
I was going to say FMLA as well but it looks like you have been there less than a year. You need to have worked 1250 hours to qualify.
I am using my vacation time to take time off for my surgery, which ironically, is the same day as yours :)
I work for one of the larger companies in my town and nobody at my workplace knows I am doing this, except my direct supervisor. Not even my HR department.
Sad thing is, they can deny if they want to. I work in administration and we have had to cancel vacations due to undue stress in the workforce or not enough coverage etc. Not a favorable or common practice but can still be done.
My advice is to put in the leave of absence and make sure everything is documented with your HR department. Do you have a union? It can be looked at as discrimination if this is not a common issue with other employees.
Good luck and hope we get sleeved the same day!
I am using my vacation time to take time off for my surgery, which ironically, is the same day as yours :)
I work for one of the larger companies in my town and nobody at my workplace knows I am doing this, except my direct supervisor. Not even my HR department.
Sad thing is, they can deny if they want to. I work in administration and we have had to cancel vacations due to undue stress in the workforce or not enough coverage etc. Not a favorable or common practice but can still be done.
My advice is to put in the leave of absence and make sure everything is documented with your HR department. Do you have a union? It can be looked at as discrimination if this is not a common issue with other employees.
Good luck and hope we get sleeved the same day!
HW-267 SW-258. CW- 204 GW-145
VSG scheduled 11 April 2012
VSG scheduled 11 April 2012
So I filled out the form they were looking for and sent it back. I spoke with my manager who kind of made me feel like this was a good thing and not a bad one. She said if I just use my PTO time and something happens and I don't come back then I abandoned my position....reason to fire me. However If I am on an approved leave then they know I'm having surgery so I will be protected.... Who knows what they are up to but after talking about it a little more with my husband I decided maybe I don't care so much. If they are setting me up for some reason to let me go, so be it because maybe its for the best. I guess if I come out of this with a sleeve and no job I can spend the summer exercising and enjoying my weight loss with my kids, now that I think about it that doesn't sound half bad lol.
Mylife_1973 I'm glad I have found another sleever on the same day as me!
Mylife_1973 I'm glad I have found another sleever on the same day as me!
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