So I am still waiting on my work approval for leave for surgery. I'm afraid they'll deny it since it isn't under fmla. This is because My hours for fmla are used until may from me bringing my mother in law to appointments for radiation and chemo. Can an employee deny unpaid time off for surgery that isn't fmla?

If they do I'll have to wait until may or June to apply for fmla again.

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I work in HR and yes, it's true, your employer can deny FML if you've already used your allotted time in a year. When did your mom start her treatment and you start using FML? How far are you from the year being up?

It will be up on June


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How do I go about doing that


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Call your HR dept. And see of you have short term disability. It pays you while you are out on leave.

You need to see if you can do short term disability. Check with your HR to see if it is available. You would receive a % of pay based on time with the company and earned time eligibility.

Short term disability and FML run concomitantly (at the same time), but are two different things. As your STD limit is being used up, your FML is being used up. Even though the OP used FML and not STD to care for mom, having STD time left does not mean the FML clock hasn't run out. It's complicated. OP, I know you're ready now and waiting totally sucks, but I'd get your STD and FML paperwork ready for surgery the first day that your FML clock starts again in June.

Have you discussed this with HR and asked for an exception to be made? It sounds like you had some really unfortunate stuff happen this year.

Also, do you have accrued paid time off? I had to have my surgery in two stages (one was the lap band removal). I was out for just a week and applied for neither STD or FML (because you have to use your own sick/ vacation time for the first week before STD kicks in anyway). I think I used vacation time and just my boss and I knew about it. For the second surgery, I took off a month and applied for both STD and FML.

Just a word of advice to everybody out there, it's a good idea to elect LTD (Long Term Disability) during open enrollment. It costs extra, but it's not terribly expensive and it's totally worth it if something catastrophic happens. <<end lecture>>.

Short term disability and FML run concomitantly (at the same time), but are two different things. As your STD limit is being used up, your FML is being used up. Even though the OP used FML and not STD to care for mom, having STD time left does not mean the FML clock hasn't run out. It's complicated. OP, I know you're ready now and waiting totally sucks, but I'd get your STD and FML paperwork ready for surgery the first day that your FML clock starts again in June.
Have you discussed this with HR and asked for an exception to be made? It sounds like you had some really unfortunate stuff happen this year.
Also, do you have accrued paid time off? I had to have my surgery in two stages (one was the lap band removal). I was out for just a week and applied for neither STD or FML (because you have to use your own sick/ vacation time for the first week before STD kicks in anyway). I think I used vacation time and just my boss and I knew about it. For the second surgery, I took off a month and applied for both STD and FML.
Just a word of advice to everybody out there, it's a good idea to elect LTD (Long Term Disability) during open enrollment. It costs extra, but it's not terribly expensive and it's totally worth it if something catastrophic happens. >.

I'll have to speak to HR. The person handling it is a manager, he is looking into it and will tell me if I'm approved or denied. I spoke to some people and seems like they need to have a reason for denying me. I'm just wondering if someone went out on emergency surgery and wasn't eligible for fmla would they get fired? That's kind of extreme!

I might just have to wait until my fmla is up again.


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I worked part time and was not eligible for FMLA but WAS approved for ADA leave. You could try that also.

My employer offers extended FMLA . However the law allows 12 weeks . Contact HR and see if they offer extended FMLA. If not look into a leave of absence..

Edited March 2, 20179 yr by blessedgirl80

My employer just allowed me to take my PTO since I accrued enough from last year to this year. I will be taking a 5 days of PTO but 7-days since my boss included my off day.

You may have to wait for the ADA to be approved. Hopefully you get approved. I mean this is a surgery after all. When is your surgery by the way?

Not sure what you do or what is required of you at work, but if it's not a labor-intensive job, then you most likely won't miss much time at all. I was back at work within 3 days, but I'm a programmer, so not much to do but sit

Yes, I'm with @smg - I work a desk job with driving and court appearances required and was back to work in six days. Surgery was on a Wednesday (2/22) and I was back on Tuesday (2/28). You may need less time then you think, thus making it easier to get the time you need.

I've had employees go out on FMLA in order to seek cancer treatment. You are allowed 12 weeks FLMA per year. Have you really used up 12 weeks out of the last 52? If so, you have no choice but to wait.

Got approved

Short term disability and FML run concomitantly (at the same time), but are two different things. As your STD limit is being used up, your FML is being used up. Even though the OP used FML and not STD to care for mom, having STD time left does not mean the FML clock hasn't run out. It's complicated. OP, I know you're ready now and waiting totally sucks, but I'd get your STD and FML paperwork ready for surgery the first day that your FML clock starts again in June.
Have you discussed this with HR and asked for an exception to be made? It sounds like you had some really unfortunate stuff happen this year.
Also, do you have accrued paid time off? I had to have my surgery in two stages (one was the lap band removal). I was out for just a week and applied for neither STD or FML (because you have to use your own sick/ vacation time for the first week before STD kicks in anyway). I think I used vacation time and just my boss and I knew about it. For the second surgery, I took off a month and applied for both STD and FML.
Just a word of advice to everybody out there, it's a good idea to elect LTD (Long Term Disability) during open enrollment. It costs extra, but it's not terribly expensive and it's totally worth it if something catastrophic happens. >.

Got approved

On 3/9/2017 at 8:39 AM, Mandat89 said:

Got approved

Congrats!!! I know they were dragging their feet with that one.

Congrats!!! I know they were dragging their feet with that one.

Thanks. Ya they were lol