Help! Employer questions

[sweetmomma05 33]

My employer is asking if this is an elective surgery. I replied that it is a recommendation from my dr to have it. I have a gut feeling this isn't going to go well. If I use vacation time they can't question me right ? I don't want to but I will if I have to. Where can I get answers, I live in ca

[joatsaint 2,814]

I would tell them that my doctor says it is medically necessary, since it is. Since you can refuse to have any surgery, any surgery can technically be called "elective" - heart valve replacment, gall bladder removal ...

[Geminidrive 389]

I've been told in most cases Gastric Sleeve surgery is considered non-cosmetic elective surgery, but I would stress the medical necessity. I would check with HR regarding your company policies.

[fattyaj 3]

Part of the FMLA act is that your employer is not allowed to question you. Get a simple note from your doctor (no details needed) and that's all the documentation you need. Your medical issues are not of your employers business.

[Mayra 10]

If you use vacation time...NO they cannot question you. (That's what I did)

But if they are asking if the surgery is elective, maybe they are trying to help you qualify for medical leave or to use your sick time? I could be wrong.

[kyllfalcon 768]

You need to know if your company is subject to FMLA regulations. Get a copy of your handbook. Read it. If it doesn't say that it is, ask the HR person or personnel manager if it is.

My doctor wrote a letter stating the surgery was to treat a long list of conditons caused or worsened by obesity. Even though my insurance did not cover it, my job was protect by FMLA.

Don't confuse FMLA with how you get paid during this absence. FMLA provides job protection for up to 12 weeks in a certain period of time. The employer can require, under FMLA regulations, that you use sick and/or vacation time while you are off.

FMLA is a right. Know your rights. Exercise them.

[kyllfalcon 768]

Another poster suggested a simple note from the doctor. Please understand with FMLA a simple note will not suffice. There are government-approved and -provided forms that the health care provider must complete. The health care provider must certify that the health condition meets the criteria established for FMLA leave, and that time off will be needed for _______ (fill in the blank).

The information on those forms need not disclose the nature of the care needed, and I would suggest asking the health care provider to word it so that the nature is not revealed. It could say something as simple as "recuperative period due to surgery."

[sweetmomma05 33]

Ok insurance is covering the surgery. I only have a couple days sick time. I will be out two weeks. Will I get paid for those two weeks? Does it qualify for disability?

[atPeace55 71]

I live in California and they are not allow to ask what type of surgery you are having you just give the the Dr. form taking you off for a major surgery that is needed for your health and let them know when you plan to be back and as long as you are off for I believe more than 4 wks you can apply for your state disability My Nurse Practioner filled out off the forms for me and asked how long I wanted to be off to recover I told them and my surgeon signed off on them I made sure HR got their forms informed my manager I having major surgery for my health and my Nurse sent the forms to State Disability. My sure to go over the FLMA law for the state of California know your rights.

http://www.paidfamilyleave.org/faqs/

[kyllfalcon 768]

Ok insurance is covering the surgery. I only have a couple days sick time. I will be out two weeks. Will I get paid for those two weeks? Does it qualify for disability?

No one here can answer those questions because they are specific to your company's policies. You really must talk to the appropriate person in your company.

Good luck!