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

[lavette43 75]

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

Tell about it,there not worried about our health ...but want us in there for others....

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[theantichick 2,204]

Nurse here, I unfortunately had to get out of bedside care due to my chronic illness. The major problem is that hospitals are chronically understaffed. So when someone calls out, it puts the unit further down and stresses everyone out. The hospitals I worked for had worse insurance than when I worked in IT for corporations, and were the worst about asking us to work sick or injured. I worked ER and had what I thought before shift was just eye redness from allergies. About an hour into my shift it became obvious it was pinkeye. I notified my supervisor immediately, and was told we were too short for me to leave. I worked an entire shift contagious with pinkeye, and it looked horrific. My patients were really freaked out. I took every precaution I could, didn't touch my face, washed/sanitized my hands so much that shift they were chapped. What should have happened is that I should have been sent home.

I wasn't able to take FMLA because I hadn't been at my new job a year. But it's my understanding that HR approves FMLA, and your boss has zero say in the matter.

[lavette43 75]

Nurse here, I unfortunately had to get out of bedside care due to my chronic illness. The major problem is that hospitals are chronically understaffed. So when someone calls out, it puts the unit further down and stresses everyone out. The hospitals I worked for had worse insurance than when I worked in IT for corporations, and were the worst about asking us to work sick or injured. I worked ER and had what I thought before shift was just eye redness from allergies. About an hour into my shift it became obvious it was pinkeye. I notified my supervisor immediately, and was told we were too short for me to leave. I worked an entire shift contagious with pinkeye, and it looked horrific. My patients were really freaked out. I took every precaution I could, didn't touch my face, washed/sanitized my hands so much that shift they were chapped. What should have happened is that I should have been sent home.

I wasn't able to take FMLA because I hadn't been at my new job a year. But it's my understanding that HR approves FMLA, and your boss has zero say in the matter.

That was very unsafe for you to work that was very unsafe for you to work but they don't look at our health they just want a body in the hospital... if they would hire people and stop worrying about the money going into there Pockets we would be okay our hospital is very understaffed too

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[ZollDoll 21]

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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I too am a tax season person. I pushed to get everything done for THIS year as if I couldn't get it done by December (my surgery date is December 6th) I felt I would have to wait until after April 15th.

[lavette43 75]

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

My immediate boss,than call the HR to talk to me ,but I call Dol... because my boss and HR are working together

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[iamworthy 7]

i would tell them NO. its a surgery, you need and its been approved, get a note from your surgeon and proceed from that point on.

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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[lavette43 75]

Trust me I am I just paid my money to have my surgery

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[wilson06 31]

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

My immediate boss,than call the HR to talk to me ,but I call Dol... because my boss and HR are working together

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They aren't able to do that. I work for a hosptial and I didnt disclose anything to my manager. You aren't supposed to. You go thru everything for a reason and if your insurance has approved it and your surgeon feels that you should have it then it shouldn't matter to them. I would re look into that. I applied for FILA and I have to call them back the day before my surgery so they can do what they need

Sorry you have to go Thu this. Hope all works out for you soon.

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[Vinasu 621]

They can't prevent you if you otherwise qualify:

An employer cannot refuse this time off for surgery. Doing so would be denying the employee his or her right to FMLA (and perhaps also to leave under a state family leave law.) FMLA entitles an employee to unpaid time off for a serious health condition whenever the employee and her doctor determine she needs it. Surgery is always a serious health condition under FMLA, and the employee apparently gave as much advance notice as possible. It can be difficult to schedule surgery, or there may be compelling health or family reasons why this employee needs to have the surgery on these dates. Normally, that is a medical decision and the employer would not be involved in making it.

Some employers would tactfully ask the employee if there were any way that the employee could reschedule the surgery to another week. There philosophy would be “it never hurts to ask.” However, other employers would fear that this could result in the employee filing a complaint with the U.S. Department of Labor, that she was denied her rights under FMLA. This is a judgment call, and each employer has to make that determination for themselves.

If necessary, tell them that you need a bit more clarity on the matter, so you're going to talk to the Department of Labor to help you understand FMLA better. You'd be happy to let them know what you find.

DoL is to HR what garlic and stakes are to vampires.

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Edited November 25, 2016 by Vinasu

[wilson06 31]

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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They aren't suppose to do that. It's none of their business about the type of surgery you are having. It is medically necessary.of it wasn't why would you have to go thru the requirements to have the surgeon and your insurance to approve it. FMLA protects you and your job so if you have to be out more then the allowed time they can't let you go. Plus depending on your job and how HR is set up once your PTO is used up then it goes to Short Time Pay. They just doing what they want. I would have your surgeon to write a letter to HR dept and state that this medical necessary and that your date is set and you need this done. It's up to your manager to find coverage. It seems as if the manager or supervisor don't want to work. I hope all works out for you.

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