(Closed) Work won’t give me time off for surgery- LEGAL BEES!

posted 7 years ago in Legal
Post # 3
Member
6824 posts
Busy Beekeeper
  • Wedding: June 2011

Don’t quote me, but I don’t think your boss can do this. If it is a medical issue, I believe they have to grant you time off or you can take short term disability/ FMLA. I would check with your HR

Post # 5
Member
9483 posts
Buzzing Beekeeper
  • Wedding: October 2012

Yeowch – sounds like you need to find a better job.  No offense!  That’s just no way to live/work at all.  I would still think that they can’t fire you if your doctor advises no work for such and such amount of time.  I wish I could be more of a help though.  Good luck!

Post # 6
Member
110 posts
Blushing bee
  • Wedding: January 2016

@JeffsWifey: I think FMLA is only required when there’s 50+ employees in the company. Any number until then it’s just optional. Not sure if this is still correct but was a few years ago when there was a question of legality for a friend.

Even then with FMLA, you have to work X amount of hours for X amount of days… like 1,000 within one calendar year, I think? I don’t remember exactly but it’s something along those lines.

Definitely check your local department of labor — easy to find in the blue pages of the yellowook or your state’s direct website (or a search within in).

Good luck. Either way, your boss sounds like a total jerk.

Post # 7
Member
858 posts
Busy bee

the best thing for you to do would be contact your department of labor as FrozenFeet said, also people should not be coming to work sick you could make patients sick. If you do this (time off for surgery) and they want to fire you then you could have a claim for a wrongful termination. Dont let this job cause you health problems, your health always needs to come first. good luck and let us know what happens

Post # 8
Member
570 posts
Busy bee
  • Wedding: July 2012

@Sassygrn: I agree go through family medical leave all you do is hand them all the paper work and you don’t need to explain anything to your boss other than hand him the form.

Option #2 get a medical note that indicates that you cannot return to work from this date to this date

Post # 9
Member
212 posts
Helper bee
  • Wedding: December 2017

Some states have lower threshholds for FMLA eligibility.  It is true the federal one needs to be 50+employees, etc.  It appears this will not be on your side but not worth giving up looking into.

Unfortunately, it sounds like you’re stuck between a rock and a hard place, legally speaking.  You’d want to look into other options (doing it anyway and risk losing your job, if an option).  Quitting.  Dealing with bosses’ restrictions, if medically capable.  I’m sorry you’re being put through this and it is a very poor example of supervision.  

Post # 11
Member
1408 posts
Bumble bee

I would have the surgery and go back to work bleeding all over the place and scare his clients away.

Post # 12
Member
5096 posts
Bee Keeper
  • Wedding: June 2011

The laws vary by state, but FrozenFeet is right that under the federal law, FMLA only applies to businesses with 50+ employees.

It sucks, but unfortunately the laws have been on the employers’ side in the last few decades as organized labor’s power has drastically diminished.  You can indeed be fired for taking sick days in many states.

Post # 13
Member
916 posts
Busy bee
  • Wedding: April 2011

I’m not a legal expert, but my understanding is that if it’s an elective procedure (meaning non-emergency, and can be scheduled at your convenience) then your workplace can request that you do it at a certain time.  It’s similar to taking a vacation.

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