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Medical Leave from Work

I don't know what the problem is. I understand that the "recovery" time for the band is 3-5 days but I needed to take a medical leave from work and now the snotty *&^%$ at the surgeons office wont fill out the FMLA paperwork. What does she care ? Its without pay so it doesnt cost my employer anything !! I am a nurse on a high stress unit (Alzheimers), I work nights, and there are six of us women and we are a serious group of foodies (potluck every tuesday, sundae night first Saturday of the month etc...) If I go back to this high stress, trigger-filled environment a week after banding on a liquid diet Im in trouble. I need to adjust to all of these changes before I jump back into this. I considered resigning but the insurance...Any suggestions on the paperwork issue? Thanx a bunch. You guys rock !!

Violet

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This is all just my opinion/understanding, and based on the places I have worked -- none of which as been a hospital or medical care facility -

How much time do you plan to take off? Your recovery would fall into STD since the FMLA requirement is "a serious health condition that makes the employee unable to perform the essential functions of his or her job". Your documentation won't cover that requirement, and they won't approve it on the grounds of wanting to avoid potlucks or needing to feel confident in your behavioral changes (that might take a lot longer than even FMLA can offer you!) Since you say "unpaid" that makes me think FMLA, but FMLA is only approved once all available PTO is used up. STD will pay out benefits, but only based on the coverage you've elected or been provided, but you won't necessarily have to drain your PTO accruals.

BTW - they can't refuse to provide you with the paperwork, but you should be the one filling it out - maybe that's why the person refused?

Everyone is different. If you are not healing as fast as others, or remain tired or can't concetrate, there is reason to be off on short term. Once it happens you can tell your doctor you don't feel "up" to returning to work. They should then be able to sign your paperwork. I wouldn't say because temptation is too high at work to be the reason.

  • Author

I only fill out one section of the paperwork the physicians statement is a separate section. It is FMLA and I have STD with an outside company. The *&^% in the office fills it out and the doc signs. I know for a fact that I will NOT be pushing a heavy med cart and lifting patients after two weeks, I dont care what anybody says !!

I'm with you there. There's always someone who has to try to make it hard on everyone else. Maybe you can go to a different doctor or something. Just don't give up but most of all your health comes first.

Your disability status will hinge on whether you are physically recovered from surgery enough to return to work.

It may be time to find a different work environment. Whether you're one week post-op or fifteen, that environment is not going to help you with your journey.

Are you trying to get your Band Dr. to sign it? If so Take it to your primary, Thay know you better and are more likly to understand that everyones different... And you need more time.. Good luck.. And I would fill out FMLA paper work...

Violet,

Maybe you could schedule the surgery on a Thursday and take Friday off in conjunction with the weekend? That would give you at least four days to adjust mentally before you return to work. Another option may be to check with HR to see what policies they have in place to assist your particular situation?

For instance, my company offers a vacation purchase program that can be used in advance of accrued leave. The employee is charged a little each pay period for the days purchased.

HR may also have a policy which allows you to charge the time as LWOP (Leave Without Pay). It's similar to FMLA in that you're not paid for the time period you're absent from work, but I believe that's where the similarity ends.

  • Author

Thank you guys so much for your positive responses and great advice. My surgery is on June 22nd so keep me in your prayers. I have faith that everything will work out for the best and i will concentrate on my surgery right now and nothing else. I'll do what women have done for generations. Whatever i have to

Kisses

Warning about Short-term disabililty

This is something I just ran into the day after my surgery on May 31st. My surgeon filled out all my paperwork - both FMLA and STD forms - and requested that I remain off work for 6-8 weeks. I went with 6 weeks. The day after surgery - my STD company calls and tells me they will only cover me for two weeks...that's it.

My surgery was two weeks ago today and today was the day I was required to return to work. Be sure to check with you STD about how long they will cover you!

  • Author

I was told by my STD company that they would cover me based on the physicians statement. I guess we'll see.... Thank Chris !!

  • 2 weeks later...
  • Author

Just to let you know that everything worked out and i have as much time as I need to recover etc... You guys are the best !!:clap2: :clap2:

  • 3 years later...

Correction to earlier post that FMLA can only be used once PTO is exhausted.

FMLA can be paid or unpaid, depending on whether your company has paid time off. The law allows you 12 wks without pay. FMLA can also run concurrently with paid time off, which is what most companies do; otherwise, it could be stretched out beyond the 12 weeks.

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