longing4thin

getting fired 2 months after returning from medical leave would be considered retaliation. (am I spelling that right?) And would be grounds for a lucrative lawsuit. Most employers should know better.

If however you're on shaky footing with your employer you might want to be careful if they can show grounds for your termination they would be safe.

__________________
Krista
Weight
Highest/date of Surgery/Current/Goal
279/271/257/170

Surgery 11/2/09
Dr. Bock in Bellevue WA

AirForceW1fe

Here is the thing. HIPAA and FMLA are 2 totally different things. HIPAA is a federal guideline that applies only to the privacy rights of a patient and how health related information is transmitted, stored etc. It has nothing to do with time off for any reason.

FMLA on the other hand is:


Employees qualify for FMLA leave when either they or a family member suffer from a “serious health condition.” The condition must either prevent the worker from performing his or her job, or require the worker to care for a family member. Employees can use FMLA for:

Pregnancy, prenatal complications, or the adoption/fostering of a child

Chronic conditions -- diabetes, epilepsy, etc

Long-term conditions -- Alzheimer’s disease, cancer, etc

Hospitalization

A condition that requires ongoing treatment -- chemotherapy, dialysis, etc
The FMLA has many restrictions. Employees must have worked at their company for more than 12 months. They also must have worked at least 1,250 hours during the previous year.

Smaller employers are not required to provide FMLA leave to their employees. If a company employs fewer than 50 people within 75 miles of the employee’s worksite, the employee does not qualify for FMLA leave. This regulation was enacted to accommodate employers -- small companies would find it more difficult to send a replacement far away if a needed employee were to take leave.

If you do meet the criteria for FMLA and work in an at will employment state, they can terminate you for taking time off due to an illness. Elective surgery or not. They have no obligation to continue your employment. The only way they could not terminate you is if somehow the condition for which you were being treated fell under ADA (American with Disabilites Act) and WLS surgery does not meet the criteria for that either.

I hope your employer sees that you are doing this in the hopes of bettering your health and will allow the time off accordingly.

Good luck to you in your journey hun.

__________________
Surgery Date- 7/14/09

Pre / Current / Goal

285 / 209 / 140


Scale aka "Satan" Whore #62

"No one said this would be easy, but boy is it worth it!!!"

Anne with an "e"

I recently had to get approval from my employer for personal leave. I had exhausted my FMLA for another reason, but after 2 weeks of sweating it, I was spproved to have the time off. It has to be "conducive to business need". I was given the caveat that I could be recalled at any time if the need arose, or my position could be eliminated. I asked my supervisor how often that has happened. He said never, that he knows of, and he has been here over 10 years. It is all just palabra to protect the company. Lame. Since it is "personal leave", I did not have to disclose why I needed the time off. My leave specialist sent paperwork to the surgeon directly, and encouraged me that due to my co-morbidities (it isn't just a cosmetic= elective thing), I should qualify for pay while I am out.

__________________



10/18/2009 - Started pre-op diet!
10/28/2009 - Surgery date!

Highest weight: 222
Surgery weight: 214
Current weight: 195, as of Nov 9, 2009
(my pre-diabetes weight!)

Next goals:
185: my post-divorce low
180: my second 10%
175: the weight I was after my first child
162: my third 10%
160: weight I was on my wedding day
146: my fourth 10%

Goal weight:130-ish