Question about bariatric surgery and work

[katt1584 46]

I had surgery about a week ago...I was due to go back to work tomorrow but my doctor would not release me for another week. My work explained because it was an elective surgery if my date to come back was extended any further than that I would probably lose my job. I am currently on my way to the ER for pains and dehydration. Did anyone have this experience where complications made them unable to work...what are my options of I do lose my job? I have not worked for the company long enough to qualify for FMLA. I'm scared because I'm trying to recover but the thought of losing my job makes me so anxious...I would be sick with no health insurance and no income. I feel discriminated against because it was "elective" and it was bariatric surgery..like I did it for vanity or something

[elfnow 277]

ooh, that's an ugly situation. What kind of work do you do? Can you appeal to HR, or did this come straight from them? It's a crappy economy to lose a job.

Did your work insurance cover you? If you were covered by insurance, then it was MEDICALLY NECESSARY. The word "elective" is really misused... "elective" just means "we could have put it off for a couple days", (versus "emergency"). For instance, when I was induced for my baby's birth, that was "elective". It's not like I was all OMG GIVE ME DRUGS, I was starting to get pre-eclampsia! Sure, it could have waited a day, but not much longer.

"elective" is NOT the same as "cosmetic", and if you were covered by your insurance, it wasn't COSMETIC!!

[katt1584 46]

Straight from my district manager..she said she needed to check on things. I did get a letter from my insurance approving the surgery and deeming it medically necessary. Would you qualify for unemployment in that situation? I work as a retail manager...retail doesn't stop for anyone . I'm lucky I got this much time..my district manager is extremely understanding. .but she's got a business to run too

[elfnow 277]

I'd lean on that letter, show her it's "medically necessary". She's misusing the word "elective". And yes, I get she's got a business to run also, but if there's a "district manager" then there are a lot of stores. She could have someone fill in for you, uptrain someone to groom them for management. It's hard to say what does and doesn't qualify for unemployment, but you can always apply if you get term'd. But call your HR department about the time off - your district manager isn't the person who makes legal decisions like that, and HR may be able to assist. Definitely make it clear that this was MEDICALLY NECESSARY and she should have spoken up if you needed to schedule your surgery on a different day for HER personal convenience.

(OK maybe don't snark that hard, but you get my drift.)

[1Day1Life4Now 882]

It's against the law to fire somebody for being sick and taking sick leave. You have had some unplanned complications and they should be considering this. If they fire you... you would get the unemployment compensation but not the insurance. You should be allowed an appeal or two through your HR Dept of your company. It sounds to me like your District Manager is bullying you to come back to work. Once you do go back you should report this. She probably doesn't realize how difficult this is or maybe she/he has biases against obese persons. Stand up for yourself and don't let them push you around.

[elfnow 277]

Yeaahhhhh it's not actually against the law to fire someone for being sick / taking sick time. If you qualified for FMLA that's different but you said you don't... and if you are in a "right-to-work" state (which basically means "right-to-fire-you-for-anything" state) then it's even worse.

Take a deep breath and get your fluids sorted out and get past this bout of vomiting - the extra stress isn't going to do you any good and there's nothing that CAN be done right now (late-night on a weekend!) so just get sorted out and tackle it on Monday.

If you are terminated and feel that they terminated you wrongly, you can usually get a free consult (typically a quick phone conversation) with an attorney who can tell you whether you can pursue it or not. You've got options. Just get to feeling better, ok?