Trouble getting time off for surgery?

[SuzanneG 1]

My brother tried to take off to have this surgery and his boss told him that he would have to fire him if he took off because he hadn't been there for a year yet. Does FMLA address time on the job?

He's a truck driver and a month or so later a pallet fell on his leg and tore ligaments in his knee. He's having surgery for that tomorrow and is on Workman's Comp. Funny thing is, if he had the WLS, he probably wouldn't have been there that day and could have avoided the accident. Now he's still off work, but no band. They even cancelled his health insurance while on workman's comp.

He and I both believe there is major prejudice agains WLS and he has fallen victim to it.

[Skinny_Jill 36]

My brother tried to take off to have this surgery and his boss told him that he would have to fire him if he took off because he hadn't been there for a year yet. Does FMLA address time on the job?

He's a truck driver and a month or so later a pallet fell on his leg and tore ligaments in his knee. He's having surgery for that tomorrow and is on Workman's Comp. Funny thing is, if he had the Weight-loss surgery, he probably wouldn't have been there that day and could have avoided the accident. Now he's still off work, but no band. They even cancelled his health insurance while on workman's comp.

He and I both believe there is major prejudice agains WLS and he has fallen victim to it.

I am not an insurance expert but I don't think they can cancel your insurance while you are off work for a worker's comp claim. That is wrong.

[SuzanneG 1]

He has a lawyer, but supposedly they can do that if you have been employed there less than a year. Either way, they're doing him dirty and hopefully he'll get restitution.

[luluc 6]

I am not an insurance expert but I don't think they can cancel your insurance while you are off work for a worker's comp claim. That is wrong.

I was about to say the SAME thing - I really believe they Can't (some Ins expert step in to confirm..), He needs to contact his States Worker's Comp Board immediately. And if he's in a Union - contact them as well,

[Joanna240 0]

I agree with Shalee04. And you should present your boss with a doctors excuse for some medical leave, have your surgeon's office put down the days to be out, with no complications. If you have complications, then you bring another note from the surgeon's office extending your medical leave. As long as you give ample notice, nothing your boss can do but to let you go for a "medical" procedure. I know you have already told him, but none of his beeswax what the medical procedure is for.

[Joanna240 0]

anything an employer is denying or threatening you, you must get it in writing. If they say they are going to cancel your health ins, then just tell them you will need that in writing. This day and time, employees rights are well protected. Your workplace absolutely cannot cancel your ins because you are going to be out for a medical procedure. I wouldn't take the time to try and argue with that bunch, I would just seek out an Employment Law attorney. In the yellow pages, find an attorney who specializes in Employment Law.

[Kelgirl68 0]

If you have been with your employer for a year or more you are entitled to FMLA under federl law and there isn't a damn thing he can do about it! :thumbup:

[MissMaryAnn 0]

Everyone here has given excellent advice, but I'm going to take a slightly different tack. I am assuming that moving your surgery date is a possibility, so if it is not, then you can stop reading here. :thumbup:

As a saver and a planner, I often make travel plans a long way off in advance and pay ahead of time in order to get good deals or to coordinate visits with family members far away. Usually this means that I can't change my plans. Is it possible that your coworkers have made arrangements like that? Your boss may just assume that you have more choice in the matter.

I definitely don't think of weight-loss surgery as "elective", especially since you are self-pay, but if you ARE able to be flexible with the surgery date, it might benefit your reputation at the company to move it back a week or two. I don't think that your boss is necessarily being hateful-- he may just be looking at the bottom line. Also, since you are well within your rights to demand the time off, compromising with a schedule change could be an opportunity for you to "earn" a favor with your boss that you can call in later.

No matter what happens, though, good luck!