Taking off of Work?? - Page 3 - ThinnerTimes - Gastric Bypass Forum, Lap Band Forum, and Vertical Sleeve Gastrectomy Forum

blkmercedes · 03-20-2008, 12:51 PM

You mean it took us all these years to get insurance companies to start realizing WLS is not "cosmetic" and should be covered, now there's companies that don't provide the time off!?! I thought there was a law against companies preventing employees from having medical procedures (ie not giving time off)?

splendifor · 03-21-2008, 09:50 PM

a few years ago I took off 6 weeks under fmla.. one thing I would do is to get your doctor to write a letter stating this is medically necessary and that you will be gone from (surgery date) until he releases you to return...

for my fmla (not related to wls) I saw my doc every 2 weeks until she released me to return to work... of course my work actually CARES about having healthy employees

mistymee · 03-21-2008, 10:51 PM

Quote:

Originally Posted by Renea

Another thing is, I was told I cannot have short term disability unless I am married or have children.

This sounds highly discriminatory to me.. I have no idea where you would go for recourse on that but I can't believe something like that would be legal. Maybe a quick check with a lawyer that specializes in discrimination would be helpful?

I've heard that many lawyers do free consults, so it wouldn't hurt to check into that.

Good luck..

sherry7 · 03-22-2008, 05:49 AM

Quote:

Originally Posted by mistymee

This sounds highly discriminatory to me.. I have no idea where you would go for recourse on that but I can't believe something like that would be legal. Maybe a quick check with a lawyer that specializes in discrimination would be helpful?

I've heard that many lawyers do free consults, so it wouldn't hurt to check into that.

Good luck..

Good advice. Also, it might not be a bad idea to call your local state representative and ask some questions about Pennsylvania law. I've heard that they can be highly responsive to problems...especially in an election year.

sherry7 · 04-12-2008, 01:09 PM

Renea, any update on how things are going with your employer? We are curious! I hope things have turned in your favor.

Renea · 04-16-2008, 05:24 PM

Hi All,

So I haven't mention anything to my HR rep yet. I was waiting to find out if I got approved first, before going through the trouble with them. BUT what is new is.. my company has actually 54 employee's. So I was wrong on it only being 40. I actually asked to find out. SO with that, from what im reading, this means I can try FMLA. Even if its not paid. I dont care.

I had my year review last week. April 4th was my year. My manager asked how everything was going with the process. She knows im doing this. But I just told her im still going through the testing. And havent had my meeting with the surgeon yet. *June 29th* is my date with him.

I will keep you all updated with this.

I really do appreciate everyone's help with this.

Momof3 · 04-17-2008, 11:06 AM

Quote:

Originally Posted by Renea

Thank you all for the information. I was told by HR I could not go on Short term because I was not married and did not have children. Even if I could it doesn't start until 2 weeks after im out of work. And Im really hoping to be ok to go back to work by then. I sit in my chair 90% of the day at work, Office Job.

I'm in a company of maybe tops 40ppl.

its is my understanding that a company with less than 50 employees does NOT have to hold your job and FMLA is for taking care of your immediate family. You have to use sick time and accrued vacation time, or take unpaid leave. But they do NOT have to keep your job..

Momof3 · 04-17-2008, 11:09 AM

Quote:

Originally Posted by mistymee

This sounds highly discriminatory to me.. I have no idea where you would go for recourse on that but I can't believe something like that would be legal. Maybe a quick check with a lawyer that specializes in discrimination would be helpful?

I've heard that many lawyers do free consults, so it wouldn't hurt to check into that.

Good luck..

The purpose of FMLA is to care for family..thus the name FAMILY MEDICAL LEAVE ACT.

Short term disability is not FMLA..and it's determined by your insurance usually.

An employer with less than 50 employees is not required by DOL to let her take the time off and keep her job. Sure she can take off, they just dont have to hold her job b/c for small companies, it's supposedly too much of hardship on them to have someone gone so much..so they can rehire...

a sympathetic boss is your only out - or sick time/vacation time

Momof3 · 04-17-2008, 11:11 AM

and I believe it's 50 Full time employees..you shouldnt count on seasonal, part time or temp help.....your employer could exempt them from the count

mistymee · 04-17-2008, 11:28 AM

Quote:

Originally Posted by Momof3

The purpose of FMLA is to care for family..thus the name FAMILY MEDICAL LEAVE ACT.

Short term disability is not FMLA..and it's determined by your insurance usually.

An employer with less than 50 employees is not required by DOL to let her take the time off and keep her job. Sure she can take off, they just dont have to hold her job b/c for small companies, it's supposedly too much of hardship on them to have someone gone so much..so they can rehire...

a sympathetic boss is your only out - or sick time/vacation time

This information is not correct. One CAN use the FMLA due to their own health related issues, not just to care for other family members. From the Department of Labor website:

* for the birth and care of the newborn child of the employee;
* for placement with the employee of a son or daughter for adoption or foster care;
* to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
* to take medical leave when the employee is unable to work because of a serious health condition.

Also, Renea has since come back and clarified that her employer is over 50 so she would qualify for the FMLA.