Employer must 'approve' time off for procedure - Page 2 - ThinnerTimes - Gastric Bypass Forum, Lap Band Forum, and Vertical Sleeve Gastrectomy Forum

Debz · 09-26-2009, 11:03 PM

It's elective, because you are electing to have it. But FMLA and HIPAA are federal law, which means they are in effect in all states. They cannot deny you medical leave, regardless of why you are having a procedure. John made a great suggestion with the lawyer letter. Go get 'em Tiger.

odonnela · 09-27-2009, 08:09 AM

Thats terrible that your employer would do that.
Can you just take as vacation so you don't have to tell them
anything??
We don't have short term disability at my job so my choices are
save my vacation/sick time or take unpaid - because they have to
give me the time under FLMA & HIPPAA.
Luckily my boss is super cool and does not care that I am
taking time, we are a small place. Next year I will do something
fun on vacation LOL. But this is so worth it to me.
I wish you luck - keep pushing because I don't think they can
do this to you and as one other person said - get a lawyer if you
need to. And if you did get a lawyer, and they are forced to give
you the time and try to retaliate - don't let them win.

Josephine · 09-27-2009, 08:20 AM

I have 2 lawyer friends. That threatening letter comes in real handy when people wanna act a fool. It really works too. =)

suebry05 · 09-27-2009, 09:26 AM

Quote:

Originally Posted by poet_kelly

I am pretty sure that, if you qualify for FMLA, all you need is documentation from your doctor that says you need time off for surgery. I know that with FMLA, you are NOT required to tell them what the surgery is for. I do not think that under FMLA they can deny you the time off because they consider it elective surgery. And again, under FMLA, you do NOT have to tell them what the surgery is for, and if you don't tell them, then they can't claim it's elective. If you are not sure about your rights, you could consult with an attorney. Many attorneys will answer a couple questions for you over the phone for free. If you needed a 30 minute consultation with an attorney, it might cost you $100. Seems like it would be well worth it.

If you do not qualify for FMLA, then they can deny you the time off, whether the surgery is elective or not, unfortunately. If that's the case, I would talk to an attorney about what, if any, rights you have.

Kelly

..they can not deny ANY time off for a medical reason- whether she has vaca time or sick time - its still for a medical reason and they have to give her the time off

poet_kelly · 09-27-2009, 09:38 AM

Quote:

Originally Posted by suebry05

..they can not deny ANY time off for a medical reason- whether she has vaca time or sick time - its still for a medical reason and they have to give her the time off

If you do not qualify for FMLA, they do not have to give you time off even for medical reasons. That's the whole point of FMLA- it guarantees they have to hold your job for you if you have to be off for medical reasons. Without FMLA, they do not have to keep your job.

Kelly

lwilson21 · 09-27-2009, 02:43 PM

https://www.lawguru.com/legal-questi...ty-770505904/a

This specific question was asked and answered on this website.

Leah

XsMama · 09-28-2009, 12:57 PM

So my "Butthead" headline wasn't good enough?!? lol kidding!

Anyways, thanks everyone for the advice. What I may have to do to make sure it doesn't cause waves at work AND to make sure I get paid, I may have to wait until the first of the year

. I hate doing that because I have literally everything done. But I may just to keep the peace.

TooManyExcuses · 09-29-2009, 08:51 AM

I would not sound threatening or push in your letter. Just be sincere and make sure it is well thought out. I live in an "at will" state. meaning that the employer or employee can terminate their relationship At Will with no reason, provided they dont break no law. So they can not fire you for takeing madeical leave, but that does not mean 2 months after you eturn and they have paid for your time off and things are back to normal, that they choose at that point to end it. nothing illegal at that point and they can just say, they dont need you or want you and that is good enough.

I wish you succes in this

longing4thin · 10-06-2009, 04:56 PM

Quote:

Originally Posted by Jeanie

In most states under FMLA you don't have to tell them what you are going out for if its a medical condition. You just need a doc's not stating you are under their care and you will be out for x amount of time. They can't ask you why you are going out its really none of their business and you are covered under HIPPA laws. You need to check into this in your state, but I'm pretty sure FMLA & HIPPA laws apply to all state in the US. Then you can go back and tell them to shove it (well in a nicer way).

You have 12 weeks of FMLA & your job is protected under the law. Hope that helps a little.

I second Jeanie,
under the FMLA it is none of their business if the surgery is "elective". I am dealing wih my hubby's employer on the same issue right now. The Dr. doesn't need to say WHAT the medical condition is. It could be a hyserectomy, knee replacement or face lift- it makes NO difference. Complete your ppwk simply stating htat this surgery is needed as soon as possible to address a chronic health condition that needs treatment.

I used to administer FMLA for a very large employer and I loved it when a pain in the ass mgr had an employee take time off. Is it wrong that I enjoyed that SO much?!

he he he. I especially loved approving time off for "mental Health" after a mgr had denied vacation at the holidays.

Oh and hubby's employer.... they are the company I used to administer FMLA for. His mgr is going to hate that I know the rules.

suebry05 · 10-06-2009, 05:02 PM

Quote:

Originally Posted by TooManyExcuses

I would not sound threatening or push in your letter. Just be sincere and make sure it is well thought out. I live in an "at will" state. meaning that the employer or employee can terminate their relationship At Will with no reason, provided they dont break no law. So they can not fire you for takeing madeical leave, but that does not mean 2 months after you eturn and they have paid for your time off and things are back to normal, that they choose at that point to end it. nothing illegal at that point and they can just say, they dont need you or want you and that is good enough.

I wish you succes in this

yeah..I live in Florida we have the same "at will" mentality..and yes thats what I was talking about too they can not legally terminate you for a medical leave