Work trying to make me delay surgery

[SashaMLS 33]

I work for a fairly large hospital and my boss is trying to tell me I can't have my surgery until mid September. Anyone else have this problem?

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Edited June 16, 2016 by SashaMLS

[KristenLe 5,979]

I don't really think they have that right. You may be required to give 30 days notice but they can't force you to postpone surgery. They don't have the right to know what kind of surgery. Your boss has no say in the matter - contact HR directly!

[Diana_in_Philly 1,426]

Are you having surgery at your place of employment? Has your date been set? It sounds like you need to get HR involved. If you were having a hysterectomy due to endometriosis (needs to be done, but not urgent), it would be no different and likely the boss wouldn't ask you to postpone. Also, are you in a union? If so, talk to your union rep? Worst case scenario, you can consult an employment attorney, which will scare the crap out of the hospital. I'm pretty sure that your boss is just being an ass.

[Valentina 2,642]

Careful!

Is your state, "a right to fire state"?

If it is, and you want to keep your job, tread lightly. Work WITH your employer and see what progress you can make in getting the time off peacefully.

Unionized? Doesn't matter IF you're in "a right to fire state" and your union did not put "binding arbitration" into your last contract.

How much notice are you giving them right here at peak vacation time?

What if 500 employees all wanted to have the same time off for a "non emergency" surgery?

In most states healthcare workers have different standards and guidelines as far as scheduling a 24/7 around the clock patient caring facility.

I know I am playing the devil's advocate, but you need to think of these things when negotiating for the time.

Do you have any seniority?

I would just like to suggest that you try to talk to your supervisor before getting nasty. What do you have to lose by trying it this way---first?

I wish you the very best and hope your surgery dreams come true.

[SashaMLS 33]

I have an appointment next week with my surgeon and nutritionist to set a surgery date and talk about pre-op diet. I asked my manager to give me the best calendar dates for surgery in July or early August as a fellow co-worker has vacation in late August that I do not want to cause any issues with it. He said I absolutely couldn't have it until 9/12 at the earliest. I will only be taking two weeks off and he refuses to allow it before that date. Even though there are no scheduled vacations posted during the next two months that would interfere with coverage and people here take two to three week vacation all the time. I get the feeling he does not approve of the surgery and doesn't consider it important.

[LipstickLady 25,682]

What was your bosses' reason?

[SashaMLS 33]

He didn't give a reason.

[LipstickLady 25,682]

You need to ask why. And after, follow up with HR.

[2goldengirl 2,076]

I have an appointment next week with my surgeon and nutritionist to set a surgery date and talk about pre-op diet. I asked my manager to give me the best calendar dates for surgery in July or early August as a fellow co-worker has vacation in late August that I do not want to cause any issues with it. He said I absolutely couldn't have it until 9/12 at the earliest. I will only be taking two weeks off and he refuses to allow it before that date. Even though there are no scheduled vacations posted during the next two months that would interfere with coverage and people here take two to three week vacation all the time. I get the feeling he does not approve of the surgery and doesn't consider it important.

And telling him was your first mistake. It's none of his business what surgery you need. Even HR doesn't need to know.

[mrslopez 12]

First its none of your manager business what kind of surgery you are having unless u voluntarily gave him that information. Other thing i would ask what would be the reason that you need to wait till September. .Do you have fmla which protects your job while you are out? If so check with your local hr to see if you do and if they say you have it and that it protects your job i would say have your surgery hun. Your health is important.

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[PayItForward 207]

Careful!

Is your state, "a right to fire state"?

If it is, and you want to keep your job, tread lightly. Work WITH your employer and see what progress you can make in getting the time off peacefully.

Unionized? Doesn't matter IF you're in "a right to fire state" and your union did not put "binding arbitration" into your last contract.

How much notice are you giving them right here at peak vacation time?

What if 500 employees all wanted to have the same time off for a "non emergency" surgery?

In most states healthcare workers have different standards and guidelines as far as scheduling a 24/7 around the clock patient caring facility.

I know I am playing the devil's advocate, but you need to think of these things when negotiating for the time.

Do you have any seniority?

I would just like to suggest that you try to talk to your supervisor before getting nasty. What do you have to lose by trying it this way---first?

I wish you the very best and hope your surgery dreams come true.

I haven't read the whole thread but he can't stop you from taking medical leave. Document everything in case he later tries to punish you.

[KristenLe 5,979]

I have an appointment next week with my surgeon and nutritionist to set a surgery date and talk about pre-op diet. I asked my manager to give me the best calendar dates for surgery in July or early August as a fellow co-worker has vacation in late August that I do not want to cause any issues with it. He said I absolutely couldn't have it until 9/12 at the earliest. I will only be taking two weeks off and he refuses to allow it before that date. Even though there are no scheduled vacations posted during the next two months that would interfere with coverage and people here take two to three week vacation all the time. I get the feeling he does not approve of the surgery and doesn't consider it important.

This is not his decision! You asked him as a courtesy - he doesn't have the right to tell you when you can take FMLA. When you have a date - fill out FMLA application through HR. Your boss is stepping over the line here. Apparently he thinks that he can overrule Federal laws. I've had people out entire summers for "stress" or to get a bunion removed. It is what it is! Who's to say 9/12 will work any better? Someone could go out on FMLA before you or quit!

[Valentina 2,642]

I haven't read the whole thread but he can't stop you from taking medical leave. Document everything in case he later tries to punish you.

Careful!

Is your state, "a right to fire state"?

If it is, and you want to keep your job, tread lightly. Work WITH your employer and see what progress you can make in getting the time off peacefully.

Unionized? Doesn't matter IF you're in "a right to fire state" and your union did not put "binding arbitration" into your last contract.

How much notice are you giving them right here at peak vacation time?

What if 500 employees all wanted to have the same time off for a "non emergency" surgery?

In most states healthcare workers have different standards and guidelines as far as scheduling a 24/7 around the clock patient caring facility.

I know I am playing the devil's advocate, but you need to think of these things when negotiating for the time.

Do you have any seniority?

I would just like to suggest that you try to talk to your supervisor before getting nasty. What do you have to lose by trying it this way---first?

I wish you the very best and hope your surgery dreams come true.

Isn't it wiser to offer an angry bull an apple than to put a stick in his eye?

What I mean by that is IF you decide to "fight" about getting your time off (which I believe you should be able to do), you might win the battle but lose the war.

Are you unionized? If so and if your union gets involved and represents you in your grievance, you could possibly (very possibly) not have a word to say about the proceedings. Remember, the union has to represent the entire membership. You are just one member--yes, as important as any other, but still a single member up against the masses.

AND if your grievance goes into "union court", you will be there well into the FALL if not longer.

I would suggest (with a background of being an union negotiator and rep for many years), that you take a deep breath and try to work your request for time off in a peaceful manner FIRST.

One this day, this is MY opinion.

I wish only the best outcome for you. Praying you will have a joyful WLS journey. Really I do.

[KristenLe 5,979]

@@Valentina I agree to an extent but I don't see why the Union needs to get involved at all. This is a federal law and a boss does not have the right to deny you FMLA if you "qualify".

[Valentina 2,642]

@@Valentina I agree to an extent but I don't see why the Union needs to get involved at all. This is a federal law and a boss does not have the right to deny you FMLA if you "qualify".

Hello, friend,

IF one works in a healthcare facility and it is a "closed shop"--meaning everyone HAS to belong to the union, once there is any issue with a situation that has been already negotiated by administration and the union, the union representatives will automatically be notified of the issue and "wham, bam", they will take over the situation.

When I had my surgery --many life times ago (), I asked for 3 surgery dates. It was much easier to negotiate the time off when admin./myself had options. (just saying, that's what worked for me especially being the facility's Regional Union Rep.)

I have witnessed this many many times. The process is lengthy and the original grievant feels totally left out.

I'm just suggesting that the one should TRY and work it out graciously while one still has a say.

It is never a good idea to antagonize the folks one works with/for UNLESS given no other choice.