Leave denial from work?

[Mandat89 28]

So I am still waiting on my work approval for leave for surgery. I'm afraid they'll deny it since it isn't under fmla. This is because My hours for fmla are used until may from me bringing my mother in law to appointments for radiation and chemo. Can an employee deny unpaid time off for surgery that isn't fmla?

If they do I'll have to wait until may or June to apply for fmla again.

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[orionburn 1,024]

What do you mean by it isn't under FML? I'm no expert on the matter but this would be a separate filing under FML would it not? Does your company give you X amount of paid hours for FML leave?

When I turned it in to my employer I had to fill out the FML paperwork. The way it worked for me is that they require you to use your vacation time first, and once those hours are burned up it then kicks into FML (which was unpaid leave for me).

[Vinasu 621]

Yes, they can legally deny you (IANAL). You've used up the allotted time, and this isn't an ADA case.

That being said, they'd be jerks if they did.

[FamilyGuyNJ 123]

I've had employees go out on FMLA in order to seek cancer treatment. You are allowed 12 weeks FLMA per year. Have you really used up 12 weeks out of the last 52? If so, you have no choice but to wait.

[Mandat89 28]

What do you mean by it isn't under FML? I'm no expert on the matter but this would be a separate filing under FML would it not? Does your company give you X amount of paid hours for FML leave?
When I turned it in to my employer I had to fill out the FML paperwork. The way it worked for me is that they require you to use your vacation time first, and once those hours are burned up it then kicks into FML (which was unpaid leave for me).

Yes fmla gives you a certain amount of time you can take within a year. I've used all those hours bringing my mother to cancer treatments last year. We can decide what type of leave we would like to use for fmla. It can be paid, sick, or leave without pay.


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[Mandat89 28]

I've had employees go out on FMLA in order to seek cancer treatment. You are allowed 12 weeks FLMA per year. Have you really used up 12 weeks out of the last 52? If so, you have no choice but to wait.

Yes that is the case. I have used 12 weeks since I applied last year. Looks like I'll have to wait.


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[Mandat89 28]

Yes, they can legally deny you (IANAL). You've used up the allotted time, and this isn't an ADA case.

That being said, they'd be jerks if they did.

I see I guess from my reading the ADA I misinterpreted it. It says surgery is covered..


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[Vinasu 621]

I see I guess from my reading the ADA I misinterpreted it. It says surgery is covered..


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"Medical and disability-related leave rules: The ADA does not specifically require employers to provide medical or disability-related leave." --from the US Dept. of Labor (https://www.dol.gov/odep/pubs/fact/employ.htm)

Sorry. I'm rooting for you.

[Mandat89 28]

"Medical and disability-related leave rules: The ADA does not specifically require employers to provide medical or disability-related leave." --from the US Dept. of Labor (https://www.dol.gov/odep/pubs/fact/employ.htm)

Sorry. I'm rooting for you.

Dang! Also says:

However, it does require employers to make reasonable accommodations for qualified employees with disabilities if necessary to perform essential job functions or to benefit from the same opportunities and rights afforded employees without disabilities. Accommodations can include modifications to work schedules, such as leave. There is no set leave period mandated because accommodations depend on individual circumstances and should generally be granted unless doing so would result in "undue hardship" to the employer.


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[orionburn 1,024]

19 minutes ago, Mandat89 said:

Yes fmla gives you a certain amount of time you can take within a year. I've used all those hours bringing my mother to cancer treatments last year. We can decide what type of leave we would like to use for fmla. It can be paid, sick, or leave without pay.


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Ah, that's right. I haven't been a supervisor for a few years so I'm not as familiar with all the rules & regs like I used to be. It sucks but it would probably be best to wait. At least that way if you need to take time off for any reason after surgery it's something that will be covered, which in turn covers your butt. Hope it works out for you. If you have to wait don't get discouraged. The time will go by quick enough.

[Mandat89 28]

Ah, that's right. I haven't been a supervisor for a few years so I'm not as familiar with all the rules & regs like I used to be. It sucks but it would probably be best to wait. At least that way if you need to take time off for any reason after surgery it's something that will be covered, which in turn covers your butt. Hope it works out for you. If you have to wait don't get discouraged. The time will go by quick enough.

You're right. Very discouraging, I'm ready now!


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[Vinasu 621]

Dang! Also says:

However, it does require employers to make reasonable accommodations for qualified employees with disabilities if necessary to perform essential job functions or to benefit from the same opportunities and rights afforded employees without disabilities. Accommodations can include modifications to work schedules, such as leave. There is no set leave period mandated because accommodations depend on individual circumstances and should generally be granted unless doing so would result in "undue hardship" to the employer.

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In 2006, the U.S. Court of Appeals for the Sixth Circuit ruled that obesity had to be the result of a "physiological condition" in order to be covered by the ADA.

https://scholar.google.com/scholar_case?case=6421022734689452408

So if you can prove that your obesity is caused by a medical condition, then you might have a chance. But, I wouldn't bet on it.

Also, if you were to go to court over it, a) it would sure as hell take longer than summer and your employer would likely look for ways to legally get rid of you ASAP. I would, and I'm a nice person...of course, I'd likely approve the leave barring a compelling business reason against it.

[Mandat89 28]

In 2006, the U.S. Court of Appeals for the Sixth Circuit ruled that obesity had to be the result of a "physiological condition" in order to be covered by the ADA.

()

So if you can prove that your obesity is caused by a medical condition, then you might have a chance. But, I wouldn't net on it.

Also, if you were to go to court over it, a) it would sure as hell take longer than summer and your employer would likely look for ways to legally get rid of you ASAP. I would, and I'm a nice person...of course, I'd likely approve the leave barring a business reason against it.

I spoke to the job accommodation network and they said the condition and surgery is covered. We shall see if they approve my leave request and where we go from there. Going to court is not on the top of my list. Thanks for your help.


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[hermione53 157]

I work in HR and yes, it's true, your employer can deny FML if you've already used your allotted time in a year. When did your mom start her treatment and you start using FML? How far are you from the year being up?

[ThickGirl5683 318]

I have a dumb question, why not use STD?