Ok, I'm suppose to be so excited now that I got my insurance approval but I got a call from my boss today saying that she's heard that I was approved for surgery but since its an "elective" procedure I cannot be out of work over the holidays. I didn't know how to respond at first but I don't think it's her call as to when I have my surgery. Just wanted to get other people's take on this. Is it fair she says this or not??

If you have been there over a year you can be approved for FMLA that will protect your job. Also, this is really not elective surgery if you have medical conditions. Get in touch with your HR or leave of absence department.

I should mention this is a very small company I work for. No HR Dept or anything. I don't think we even have FMLA here. I was told by a friend to obtain a lawyer if it becomes an issue because he said I could not lose my job over this. I just don't think it's fair that she dictates when I have my surgery.

Humm well I'm HR. Let me think.. I'm assuming you have medical conditions which helped prompted the surgery? If you go and insurance is paying, that's really no longer elective. She can make your life hell and anything under 50 employees she can fire you. I'd seek counsel if she does not come around.

I definitely have medical conditions that lead to this surgery. And our company is smaller than 50 employees. Thank you for the input!! Ill just have to wait and see when the surgery can be scheduled next week and just hope for the best.

Hoping that I get a Nov. date still!!

Do you have vacation time you can take instead of sick time?

That's all I have, is vaca. I'm only part time and I do not get sick time and I don't have a lot of vaca time banked! So I'm going to be out without pay.

I use to work for insurance company, so can u ask for policy and procedure brochure. You also can ask when can you or do they prefer you to take the time off. That the cons of small business but more friendly and let's corp politics.

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Sorry she is being a butt hole.

wow... I hope it all works out for you. You have gotten some great advise here.