CA. State Disability - ThinnerTimes

Cinerbelle · 02-01-2006, 10:55 AM

Does anyone know what the law is (or even if there is one) on the amount of notice you have to give your employer before you go out for surgery?

amazonbeauty · 02-01-2006, 11:23 AM

Typically, as this surgery is considered "elective", it is just whatever amount of time your employer requires to be notified for things like vacation, etc. Typically it is 30 days notice. I notified my employer in advance of what I was doing, however, the official written request for the time off wasn't given to them until 30 days prior to my surgery date.

FMLA protects your job and gives you 3 months off work. CA state disability will pay you for 6 weeks; and if you want you may be able to take Paid Family Leave (would need to research that one) for another additional 6 weeks; for a total of 12 weeks. However, the PFL is taxable, so be prepared for it to be considered part of your income for this calendar year.

Ultimately, I agree with the recommendation made that you keep this information as private as possible. It is only information that you and your direct supervisor should be privy to. Any supervisor that discusses it with others would not only be breaking most codes of ethics, but most employers would consider it something that could justify being written up for. However, even your supervisor doesn't have to know what "kind" of surgery it is.

exit88 · 02-01-2006, 09:20 PM

In general California State Disability provides a year of benefits.
There is no notice requirement to receive State Disability benefits. There also is no specific rule about how far in advance you need to notify your employer about your surgery.

But I would advise notifying your employer in advance once you have a definite surgery date. I would also advice being fairly open about the procedure you are having. People will know what is going on when you lose weight, not telling them what exactly is going on will just lead to increased curiosity and suspicions. One thing I have learned as a lawyer is, often the best lie is the truth.

coptergirl · 02-01-2006, 09:28 PM

Quote:

Originally Posted by exit88

In general California State Disability provides a year of benefits.
There is no notice requirement to receive State Disability benefits. There also is no specific rule about how far in advance you need to notify your employer about your surgery.

But I would advise notifying your employer in advance once you have a definite surgery date. I would also advice being fairly open about the procedure you are having. People will know what is going on when you lose weight, not telling them what exactly is going on will just lead to increased curiosity and suspicions. One thing I have learned as a lawyer is, often the best lie is the truth.

If a procedure is foreseeable, then most employers have theor policy oitlined in their employee handbooks as to how muvh lead time they need. Obviously if you're filing for disability due to an accident or something unforseeable, that would be out of their control.

As for telling everyone about what is going on,it is not required even to tell your supervisor as it is a personal decision to reaveal it and who to reveal it to (there have been ,amy a discussion about that here). All the employer needs to know (due to your rights to privacy under HIPPA) is that you're having major surgery and "heres my doctors note excusing me"...

HAMPTON5555 · 02-01-2006, 09:37 PM

Quote:

Originally Posted by coptergirl

If a procedure is foreseeable, then most employers have theor policy oitlined in their employee handbooks as to how muvh lead time they need. Obviously if you're filing for disability due to an accident or something unforseeable, that would be out of their control.

As for telling everyone about what is going on,it is not required even to tell your supervisor as it is a personal decision to reaveal it and who to reveal it to (there have been ,amy a discussion about that here). All the employer needs to know (due to your rights to privacy under HIPPA) is that you're having major surgery and "heres my doctors note excusing me"...

Yep, thats right, and anoother thing...you can deal with your HR dept only and they will file all the paper work etc. wothout your immed. supervisor knowing why your on leave.

Good luck.
I just told my boss I had to have surgery and wanted it private and then filled out the paper work with H.R. and the Dr.
Rain