I've come to terms with the fact that my employer (big local law firm) doesn't pay for the WLS rider and that I'm on my own to be self-pay. I've had to get adjusted to that, but the seething has subsided and I've accepted it. Fine.

NOW, after I find out that my surgeon wants me out of work for two (and not the one I originally planned on) weeks, I emailed HR about taking a medical leave under FMLA, as I think I just about have two weeks' vacation in the bank for the year (and always travel home for Christmas between semesters, so there's about 5 days' worth right there).

I find out today that I can't use FMLA/medical leave UNTIL I exhaust all my vacation and personal time. What?! That means that b/c of my surg, I will be out of all vacation time for the year.

This STINKS!:wink_smile:

that really doesnt sound right... i used to be an ops manager for a FMLA Center and we had people all over the country.

i'd want to see that in writing ...

That does stink but unfortunately that is common practice. :wink_smile:

I know this sucks but I can tell you that it is worth it. Talk to your boss about the time off at Christmas and maybe you can work something out. The company I work for also follows that policy but most supervisors will let them use additional vacation time since it was really used for medical reasons. I hope they will work with you.

U.S. Department of Labor website:

U.S. Department of Labor: Compliance Assistance: Family and Medical Leave Act (FMLA)

Edited April 2, 200818 yr by Skinny_Jill

Do you really have to take off 2 weeks? Most people are fine to go back to work after 5-7 days. Unless you have a really physical job like lifting boxes or something.. but if you have a desk job, you honestly won't need more than that I don't think unless you have some bigtime issues that most people don't have... I'm a pretty big wimp and I was back at work rather quickly.

FMLA just insures you will have a job when you come back. You can have up to 12 weeks off without pay if the company is eligible and if the employee is eligible.

I do know (from experience) that in order to start receiving short term disability you have to use all of your sick/vacation time before it kicks in.

It sucks that you have to lose your vacation/sick time. Maybe you and your employer can let you take the time off during the holidays because of the time you accrue between now and then.

Oh! One more thing...if your's is the type of job that you can do remotely, ask if you can "work from home" that second week.

That's what I did when I had surgery and was out for 8 weeks. It wasn't the company's policy for people to work from home, but my boss liked me and it worked out great.

This is what I found on U.S. Dept of Labor under "What is Family and Medical Leave Act?"

(a) The Family and Medical Leave Act of 1993 (FMLA or Act) allows

``eligible'' employees of a covered employer to take job-protected,

unpaid leave, or to substitute appropriate paid leave if the employee

has earned or accrued it, for up to a total of 12 workweeks in any 12

months because of the birth of a child and to care for the newborn

child, because of the placement of a child with the employee for

adoption or foster care, because the employee is needed to care for a

family member (child, spouse, or parent) with a serious health

condition, or because the employee's own serious health condition makes

the employee unable to perform the functions of his or her job (see

Sec. 825.306(:wink_smile:(4)). In certain cases, this leave may be taken on an

intermittent basis rather than all at once, or the employee may work a

part-time schedule.

I was curious about something else because my sister had a similar issue a while back. I hope this helps.

Link to this particular page:

29CFR825.825.100 - What is the Family and Medical Leave Act?

Do you really have to take off 2 weeks? Most people are fine to go back to work after 5-7 days. Unless you have a really physical job like lifting boxes or something.. but if you have a desk job, you honestly won't need more than that I don't think unless you have some bigtime issues that most people don't have... I'm a pretty big wimp and I was back at work rather quickly.

I had surgery on a Tuesday and was back at work on Monday. Talk to your surgeon and ask him why you need 2 weeks. Ask him if he will let you go back after a week if you are up for it. Maybe you can have surgery on a Friday and that will give you 10 days off including the weekend. You should be good to go by then.

I am a stay at home mom and at the time of surgery I didn't have but two days to recover before I was back to my old self. I am not sure how you do with surgery but it is not as bad as one might think! Unfortunately, it is common practice for employers to use up vacation and sick time on FMLA don't know why, I guess employers get greedy with employee's time. Seems to me that they would welcome the fact that they didn't have to pay you. Alas, if you could schedule it on like a thursday and take friday off plus the weekend, unless you have an active job I'd personally say you'd probably be good to go. But everyone is different. Hope all works out in the end!!

I am really getting into this. LOL Well, here it is. I wanted to be 100% sure for you and my sister and here it is straight from the department of labor. Bummer. I knew it had to be there because our HR department stays on top of this stuff but I always like to see it for myself.

(a) Generally, FMLA leave is unpaid. However, under the

circumstances described in this section, FMLA permits an eligible

employee to choose to substitute paid leave for FMLA leave. If an

employee does not choose to substitute accrued paid leave, the employer

may require the employee to substitute accrued paid leave for FMLA

leave.

(:wink_smile: Where an employee has earned or accrued paid vacation, personal

or family leave, that paid leave may be substituted for all or part of

any (otherwise) unpaid FMLA leave relating to birth, placement of a

child for adoption or foster care, or care for a spouse, child or parent

who has a serious health condition. The term ``family leave'' as used in

FMLA refers to paid leave provided by the employer covering the

particular circumstances for

which the employee seeks leave for either the birth of a child and to

care for such child, placement of a child for adoption or foster care,

or care for a spouse, child or parent with a serious health condition.

For example, if the employer's leave plan allows use of family leave to

care for a child but not for a parent, the employer is not required to

allow accrued family leave to be substituted for FMLA leave used to care

for a parent.

I would find out in advance what days your surgeon does surgery and try to take just one week off, unless your employer requires a note from your Dr saying that you are released to go back to work.

I think one week would be enough if you have a desk job.

I had surgery Tuesday and was back to work Monday as well. You will be bored taking 2 weeks off. You really only need 1 week.

I had surgery on a Thursday and was back full days on Monday. I was tired by the end of the day and sore, but not incapable of doing my job. I teach and did spend more time sitting than usual that first week, but there is no way I would have needed two weeks. In fact, they said the reason they do the surgery on Thursdays is to limit the amount of time you have to take off work. They suggested that I return on the Monday. I did tell the secretary that I would call her if I didn't think I could make it on Monday.

I know we are all different and your surgeon probably had logical reasons he wants you to take off two weeks. Talk to him and see if he can explain it to you so that you feel better about it or give you options.

I have short term disability. An EXCELLENT policy. It kicks in after missing 7 consecutive days of work. (including weekends) I was out for two weeks, so I filed a claim. the bastards wouldn't honor it because it was "elective" surgery. I had 5 letters from 5 different doctors recommending the surgery!!!! Elective?????

I have short term disability. An EXCELLENT policy. It kicks in after missing 7 consecutive days of work. (including weekends) I was out for two weeks, so I filed a claim. the bastards wouldn't honor it because it was "elective" surgery. I had 5 letters from 5 different doctors recommending the surgery!!!! Elective?????

You must have been morbid or had co-morbid conditions in the first place for a surgeon to do the procedure in the first place...right? That should be grounds for medical necessity. I would persue this. I am lucky my insurance and employer has been very good to me.

You are thinking about short term disability not FMLA.