Author Lauriebell82 Posted December 7, 2010 Author Share Posted December 7, 2010 I re-read everything. I am thinking it's a * liability issue * meaning they know you are going to have some sort of surgery now and they are protecting their a****. I would say next time , make an anonymous phone call to HR and ask whatever it is ( in your handbook ) without your department finding out about it. Yeah, I agree it's probably a liability issue. As I said HR lady and I are playing phone tag, I may wait until after I come back to work and then if my supervisor mentions something I could ask the HR lady if I need a note. That is sort of sneaky I guess, but HR lady and I don't work the same hours so she is never there when I call her and I am not there when she calls me. I could call her in the morning from home, I suppose, I just don't usually have a lot of time. Any thoughts or suggestions? Link to post Share on other sites
desertIslandCactus Posted December 7, 2010 Share Posted December 7, 2010 Yeah, I agree it's probably a liability issue. As I said HR lady and I are playing phone tag, I may wait until after I come back to work and then if my supervisor mentions something I could ask the HR lady if I need a note. That is sort of sneaky I guess, but HR lady and I don't work the same hours so she is never there when I call her and I am not there when she calls me. I could call her in the morning from home, I suppose, I just don't usually have a lot of time. Any thoughts or suggestions? A blessing in disguise. Wait til you return to work to start this up again. The quieter this becomes, the more relaxed you'll be with your surgery, recovery, return. Link to post Share on other sites
Star Gazer Posted December 7, 2010 Share Posted December 7, 2010 As I said before, I do not qualify for FMLA, you have to work for a company for a year to get that and I have not. It's true they can't ask what type of surgery, however when you file FMLA paperwork it comes directly from the doctor's office, therefore they find out what "type" of doctor you are going to. You wouldn't qualify for FMLA even if you'd been there a year, as FMLA is only triggered for you if you need time off for a "serious health condition" (usually determined by your physician), not time off for an elective, non-medically necessary surgery/operation/procedure. Link to post Share on other sites
Star Gazer Posted December 7, 2010 Share Posted December 7, 2010 I read in the employee handbook that you can take something called "medical PTO" which means that if you take a certain number of PTO days off because of an illness or medical reason. If it goes beyond 3 consecutive days then you will have to get a doctor's excuse. I suppose that is what I am technically taking since I am taking PTO for a medical reason and not filing FMLA. If they want a note then fine, I'll just see if my doctor can do something for me. That is very typical. Your general practitioner should be able to write you a note that says: "LB needed time off from X date to X date in order to recover from surgery/an operation. As of X date, she is able to return to work and physically capable of carrying out all the functions of her job." That should be sufficient. Link to post Share on other sites
Green Posted December 7, 2010 Share Posted December 7, 2010 That is very typical. Your general practitioner should be able to write you a note that says: "LB needed time off from X date to X date in order to recover from surgery/an operation. As of X date, she is able to return to work and physically capable of carrying out all the functions of her job." That should be sufficient. seriously my dentist would write that note if I asked and the HR lady isn't going to give her problems. Link to post Share on other sites
Author Lauriebell82 Posted December 7, 2010 Author Share Posted December 7, 2010 Well, HR lady tracked me down. She said that my doctor has to write a letter stating that I am under his care and then a letter stating that I can return to work. So I can't even go to GP route. I shouldn't have opened my big mouth. She said it's considered an extended illness absense. I'm so confused. I didn't tell her it was elective surgery (maybe I should have?) or go into any detail whatsoever about it. I guess I need to speak to my doctor and see what he can do for me. Link to post Share on other sites
desertIslandCactus Posted December 7, 2010 Share Posted December 7, 2010 Well, HR lady tracked me down. She said that my doctor has to write a letter stating that I am under his care and then a letter stating that I can return to work. So I can't even go to GP route. I shouldn't have opened my big mouth. She said it's considered an extended illness absense. I'm so confused. I didn't tell her it was elective surgery (maybe I should have?) or go into any detail whatsoever about it. I guess I need to speak to my doctor and see what he can do for me. As I said. The dr is being paid by you. He should follow the guidlines of the two letters and keep them short and professional as per your wishes - with the concern of nonprofessionalism at the workplace, while satisfying the needs of the company hr. She didn't say that the letters should contain the nature of the surgery, did she. No need to tell her it is elective surgery. Companies just need to know the employee is good to go, to protect themselves. Link to post Share on other sites
Green Posted December 7, 2010 Share Posted December 7, 2010 Well, HR lady tracked me down. She said that my doctor has to write a letter stating that I am under his care and then a letter stating that I can return to work. So I can't even go to GP route. I shouldn't have opened my big mouth. She said it's considered an extended illness absense. I'm so confused. I didn't tell her it was elective surgery (maybe I should have?) or go into any detail whatsoever about it. I guess I need to speak to my doctor and see what he can do for me. Of course you can go the gp route. If you ask the GP to write "She is my patient and in good health for all physical activity" he will write it... if you want him to write "She is in good health and capable to ride rollercoasters and slide on water slides" he will write that too. I have a dentist that will write me prescriptions if I ask him... you getting the picture here. Link to post Share on other sites
Author Lauriebell82 Posted December 7, 2010 Author Share Posted December 7, 2010 As I said. The dr is being paid by you. He should follow the guidlines of the two letters and keep them short and professional as per your wishes - with the concern of nonprofessionalism at the workplace, while satisfying the needs of the company hr. She didn't say that the letters should contain the nature of the surgery, did she. No need to tell her it is elective surgery. Companies just need to know the employee is good to go, to protect themselves. No, she didn't say she needed the type of surgery, just that I am "under his care." That falls under HIPPA I believe, therefore she can't legally ask what the surgery is. She also didn't state she needed to know what "type" of doctor he is, therefore maybe my doctor can print it on non-letterheaded paper or something. There would be no "proof" that it was an elective surgery also, as the doctor that I have does both medical neccessary and non-medically neccessary procedures, so they technically couldn't even discriminate. Link to post Share on other sites
Author Lauriebell82 Posted December 7, 2010 Author Share Posted December 7, 2010 Of course you can go the gp route. If you ask the GP to write "She is my patient and in good health for all physical activity" he will write it... if you want him to write "She is in good health and capable to ride rollercoasters and slide on water slides" he will write that too. I have a dentist that will write me prescriptions if I ask him... you getting the picture here. Right, but she wants me to provide a letter from my doctor stating that I am under his care (prior to surgery) and another one stating that I can come back to work (after surgery). So I don't know how I would be able to swing a GP doing both of those. I guess it's possible... Link to post Share on other sites
laRubiaBonita Posted December 7, 2010 Share Posted December 7, 2010 so get the letters they request. done. and lesson learned: Do not say anything about the Paid Personal Time you take from work again. Link to post Share on other sites
Author Lauriebell82 Posted December 9, 2010 Author Share Posted December 9, 2010 So I got a memo from the HR lady saying I am being placed on medical leave! Link to post Share on other sites
Green Posted December 9, 2010 Share Posted December 9, 2010 So I got a memo from the HR lady saying I am being placed on medical leave! I'm not sure what that means. Does that come out of a different payment scheme? Like is vacation one thing to be paid for... and medical leave a different thing? Just go with the note from your GP... and stop freaking out about this sht on a daily basis. Link to post Share on other sites
Mary3 Posted December 10, 2010 Share Posted December 10, 2010 So I got a memo from the HR lady saying I am being placed on medical leave! You know medical leave they can do not so nice things to your job. FMLA ( which I know you said you don't get yet ) would have protected your job. So before you go on this leave , how is everything going with you and them ? Otherwise , think about that ... I know I would. Link to post Share on other sites
Author Lauriebell82 Posted December 10, 2010 Author Share Posted December 10, 2010 You know medical leave they can do not so nice things to your job. FMLA ( which I know you said you don't get yet ) would have protected your job. So before you go on this leave , how is everything going with you and them ? Otherwise , think about that ... I know I would. What's that mean? She said as long as I get a note from my doctor then it would be fine. Things are great with my supervisor and my job in general. I'm a good worker and they know that. Link to post Share on other sites
Author Lauriebell82 Posted December 10, 2010 Author Share Posted December 10, 2010 I'm not sure what that means. Does that come out of a different payment scheme? Like is vacation one thing to be paid for... and medical leave a different thing? Just go with the note from your GP... and stop freaking out about this sht on a daily basis. I don't really understand what is going on to tell you the truth. I am using PTO (paid time off) which means that they are vacation/sick/holiday days off all lumped into one bank. But because I am taking it for a medical purpose, and for more then 3 consecutive days) they are placing me on medical leave. Link to post Share on other sites
Mary3 Posted December 10, 2010 Share Posted December 10, 2010 What's that mean? She said as long as I get a note from my doctor then it would be fine. Things are great with my supervisor and my job in general. I'm a good worker and they know that. Everything sounds good so I would not worry. But what it means is : , change certain things that they would not be able to do on FMLA : , deny you a promotion while on leave , terminate your position while on leave . My immediate supervisor was the one suggesting I get the FMLA to protect my job back then.. Link to post Share on other sites
Author Lauriebell82 Posted December 10, 2010 Author Share Posted December 10, 2010 Everything sounds good so I would not worry. But what it means is : , change certain things that they would not be able to do on FMLA : , deny you a promotion while on leave , terminate your position while on leave . My immediate supervisor was the one suggesting I get the FMLA to protect my job back then.. Oh, okay. Well it's only 5 days and it will be all my vacation time so it won't be on their time at all. I would not have said anything if I knew this would be the result! Hopefully my doctor can protect my privacy. Link to post Share on other sites
Mary3 Posted December 10, 2010 Share Posted December 10, 2010 Oh, okay. Well it's only 5 days and it will be all my vacation time so it won't be on their time at all. I would not have said anything if I knew this would be the result! Hopefully my doctor can protect my privacy. I think with HIPPA he must protect your privacy Link to post Share on other sites
Author Lauriebell82 Posted December 10, 2010 Author Share Posted December 10, 2010 I think with HIPPA he must protect your privacy Yeah, but can my company FORCE me to take medical leave that I don't want to take? I guess so since they are! Link to post Share on other sites
Art_Critic Posted December 10, 2010 Share Posted December 10, 2010 Maybe this will help... I read thru page 4 and it seems to fit the bill... http://www.dol.gov/whd/fmla/finalrule/NonMilitaryFAQs.pdf Link to post Share on other sites
Author Lauriebell82 Posted December 10, 2010 Author Share Posted December 10, 2010 Maybe this will help... I read thru page 4 and it seems to fit the bill... http://www.dol.gov/whd/fmla/finalrule/NonMilitaryFAQs.pdf I don't qualify for FMLA though because I have not been there for 1 year. My company is forcing me to take medical leave unprotected. Link to post Share on other sites
Star Gazer Posted December 10, 2010 Share Posted December 10, 2010 I don't qualify for FMLA though because I have not been there for 1 year. You wouldn't qualify for FMLA even if you'd been there a year, as FMLA is only triggered for you if you need time off for a "serious health condition" (usually determined by your physician), not time off for an elective, non-medically necessary surgery/operation/procedure. LB, you told them you're having a medical procedure, and you don't qualify for FMLA for both reasons set forth above. Therefore, your options are personal time off, sick leave, vacation leave, or a form of medical leave. These are all company-specific forms of leave, none of which are guaranteed you by law, and you're bound by your company's policies to that end. Link to post Share on other sites
Green Posted December 10, 2010 Share Posted December 10, 2010 LB, you told them you're having a medical procedure, and you don't qualify for FMLA for both reasons set forth above. Therefore, your options are personal time off, sick leave, vacation leave, or a form of medical leave. These are all company-specific forms of leave, none of which are guaranteed you by law, and you're bound by your company's policies to that end. Who cares if she isn't protected by law... She'll be fine, they'd have to have some big balls to fire her over this. Link to post Share on other sites
Art_Critic Posted December 10, 2010 Share Posted December 10, 2010 She'll be fine, they'd have to have some big balls to fire her over this. I agree.. they are just making her follow company policy... Link to post Share on other sites
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