FMLA approve me... but my job said no due to staffing.

[lavette43 75]

My job said no due to staffing and want me do it after January... so pissed ,!!!!!after all I had to go threw.

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[theantichick 2,204]

I don't think they can do that.

https://www.dol.gov/whd/regs/compliance/1421.htm

FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided by this law. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceeding, related to FMLA.

Under limited circumstances where restoration to employment will cause "substantial and grievous economic injury" to its operations, an employer may refuse to reinstate certain highly-paid, salaried "key" employees. In order to do so, the employer must notify the employee in writing of his/her status as a "key" employee (as defined by FMLA), the reasons for denying job restoration, and provide the employee a reasonable opportunity to return to work after so notifying the employee.

Eligible employees seeking to use FMLA leave may be required to provide:

• 30-day advance notice of the need to take FMLA leave when the need is foreseeable;
• notice "as soon as practicable" when the need to take FMLA leave is not foreseeable ("as soon as practicable" generally means at least verbal notice to the employer within one or two business days of learning of the need to take FMLA leave);
• sufficient information for the employer to understand that the employee needs leave for FMLA-qualifying reasons (the employee need not mention FMLA when requesting leave to meet this requirement, but may only explain why the leave is needed); and,
• where the employer was not made aware that an employee was absent for FMLA reasons and the employee wants the leave counted as FMLA leave, timely notice (generally within two business days of returning to work) that leave was taken for an FMLA-qualifying reason.

[lavette43 75]

They look at this as an incentive as in being not important so that's why they don't want me to do it right now but I'm looking at my health is important to I workn in the hospital they want me to be there but I'll call the FMLA board and they told me if it was a inpatient surgery there's nothing that they can do

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[OutsideMatchInside 10,166]

Legally they can't tell you when to have surgery. Did HR say this or your immediate boss?

[Nursenia 68]

Awwww sorry your the same young lady that I said shouldn't of told them and someone said being honest is the key ummmmm yeah right.....I've learned getting this surgery that so many people will be jealous and try to stop you.....I hope you find away around it good luck!!! Oh and doing it in January your out of pocket cost is gonna be more huh??

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[CarenL 35]

They can't tell you no. Check with your HR manager. Personally I didn't reveal to my manager the type of surgery I was having. By law it's none of their business and they are not allowed to ask. I hope it works out for you. Keep pushing.

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[tinaw 13]

I will be done with everything 1st week of Jan but have to wait until after April 15th due to the fact that I'm the only employee and it will be tax season I feel you on the waiting! I'd try to hurry and schedule beginning of Jan but my sleep apnea appt isn't until 1/15/16! I just pray I don't gain weight back

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[Dee~Dee 107]

My job said no due to staffing and want me do it after January... so pissed ,!!!!!after all I had to go threw.

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So sorry you're experiencing this. I too work at a hospital and this is my greatest fear. I dont know how FMLA works... but as an ICU Nurse my work is fast paced and I feel I need a few weeks off post-op for my body to recover. However, its holiday time and if my employer can fight it.. I know they will because of staffing.

My surgeons office submits for approval this week and I want my sleeve before New Years. My employer says they ask for 30days notice so Im checking into requesting FMLA this week.

Can anyone tell me how this works? What I can expect? What am I required to tell them? What should I avoid? What was your experiences?

Thanks and good luck everyone.

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[2ndSpring 350]

30 days is the norm for a foreseeable fmla covered absence. fmla does not require you to divulge your diagnosis. Here is a link to a fact sheet from US dept of labor on notice requirements. I hope the mods don't mind the link. https://www.dol.gov/whd/regs/compliance/whdfs28e.pdf

[atontor 1,068]

My job said no due to staffing and want me do it after January... so pissed ,!!!!!after all I had to go threw.

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You should speak to your doctor to give you a letter for health reasons in order to get the time off for the surgery

[Jttsj 1]

Awwww sorry your the same young lady that I said shouldn't of told them and someone said being honest is the key ummmmm yeah right.....I've learned getting this surgery that so many people will be jealous and try to stop you.....I hope you find away around it good luck!!! Oh and doing it in January your out of pocket cost is gonna be more huh??

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You dont have to tell them anything except you are having surgery.

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[lavette43 75]

Legally they can't tell you when to have surgery. Did HR say this or your immediate boss?

My immediate boss want me to reschedule due to Staffing I work in a hospital and I'm a CNA 2

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[lavette43 75]

Awwww sorry your the same young lady that I said shouldn't of told them and someone said being honest is the key ummmmm yeah right.....I've learned getting this surgery that so many people will be jealous and try to stop you.....I hope you find away around it good luck!!! Oh and doing it in January your out of pocket cost is gonna be more huh??

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You are so right ,and I'm looking out for my health, I'm off on 28 and I'm going with my surgery my fmla was approved....

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[lavette43 75]

That what I plan on doing ...

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[Aggiemae 739]

Your employer can't do that. Why is it that hospitals are the worse offenders when their employees need medical leave?