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

XsMama · 09-25-2009, 10:44 AM

So my employer (which is the county I live in) just told me yesterday that gastric bypass is an elective surgery and that I have to write a letter and "ask" if I can have the 2 weeks off for it. And there's a chance they will deny me the time. I hold a management position at a long term care facility and am floored. What BS!!!

soon2bthin · 09-25-2009, 10:53 AM

That blows Kylie. Looks like the county would want their employees to be more proactive in becoming healthy. Good luck and I hope all works out in the end.

Please keep us updated.

hollycerniglia · 09-25-2009, 12:02 PM

Quote:

Originally Posted by soon2bthin

That blows Kylie. Looks like the county would want their employees to be more proactive in becoming healthy. Good luck and I hope all works out in the end.

Please keep us updated.

I totally agree. That is BS! Good luck with getting the much needed time of to recuperate.

Jeanie · 09-25-2009, 12:14 PM

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.

XsMama · 09-25-2009, 12:33 PM

Here, I have to tell them. And why is it considered elective???? That's my biggest question. If it was elective, then my insurance wouldn't cover it, right??

poet_kelly · 09-25-2009, 05:15 PM

Why do you have to tell them?

Do you qualify for FMLA?

Kelly

AirForceW1fe · 09-25-2009, 07:04 PM

Quote:

Originally Posted by XsMama

Here, I have to tell them. And why is it considered elective???? That's my biggest question. If it was elective, then my insurance wouldn't cover it, right??

It is always considered elective, no one HAS to have WLS, they choose to and then based on their conditions, weight etc, insurance chooses to pay for it.

I do agree that you should not have to disclose to them the reason for the FMLA leave. There are HIPAA laws that apply here. A note from the surgeon saying you are having surgery and you need "X" amount of time to recover should be sufficient.

suebry05 · 09-25-2009, 07:28 PM

actually in any state in the US... what you do medically is none of the employers business...so all you need to give them is a doctors note for time off and when the doctor releases you back to work with no limitations...

they can not determine it as elective surgery LEGALLY- as most of us on here will say and insurance companies that pay also think its a " medical neccesity" surgery

good luck

John · 09-26-2009, 02:30 PM

Quote:

Originally Posted by XsMama

So my employer (which is the county I live in) just told me yesterday that gastric bypass is an elective surgery and that I have to write a letter and "ask" if I can have the 2 weeks off for it. And there's a chance they will deny me the time. I hold a management position at a long term care facility and am floored. What BS!!!

I know this would cost a little extra, but my advice to you would be to have an attorney or your doctor write them a very thoughtful letter explaining why the surgery is important to your health, and to please ensure that you can get the time off for your procedure.

For starters maybe just see if your doctor's office can write the note. If they don't accept it move to alternative measures, like having an attorney write the letter.

Hope it works out

poet_kelly · 09-26-2009, 07:46 PM

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