Looks like I'm going to lose my job

[Mermaid02]

I got an email from my boss today saying that if I have surgery (10/30 for my knee and 12/09 for my hip) they will not hold my position. Guess that is the way the cookie crumbles....... heaven forbid anyone in the office have an accident or get cancer!

 

[BelleWDW]

Is that legal?
What sort of company do you work for?

 

[Christine]

Wow, is that even legal?

 

[Shutterbug]

...can they legally do that though?
Doesnt the FamilyMedical Leave Act kick in for this?

I know a few at our work place miss alot of time for ongoing sickness or medical conditions and they are granted the time due to FMLA

 

[Bren's Mom]

Call them!

http://www.state.me.us/labor/

 

[Mickeyistheman]

I don't think this is legal at all, if they do fire you for having to have surgery that is discrimination in some way if I am not mistaken.

But who knows nowadays. You should speak to a lawyer that handles things like that.

Good Luck with the job and your surgeries.

 

[Christine]

...can they legally do that though?
Doesnt the FamilyMedical Leave Act kick in for this?

I know a few at our work place miss alot of time for ongoing sickness or medical conditions and they are granted the time due to FMLA

I think small companies with less than 50 employees (not sure if that is the correct number) are exempt from FMLA.

 

[RitaE]

An email?

Was there a valid reason not to have a face to face meeting and talk to you about it or is he just a general chicken poop kind of a jerk?

 

[Cmbar]

I got an email from my boss today saying that if I have surgery (10/30 for my knee and 12/09 for my hip) they will not hold my position. Guess that is the way the cookie crumbles....... heaven forbid anyone in the office have an accident or get cancer!

Wow, are you serious? First off that any boss would email you that information without talking to you directly screams "chicken" on his/her part. Also I agree with the other posters. I don't think this is even legal. And I would for sure print that email out for any possible future action against that.

I understand the economy is in shambles, and if you have been written up numerous times for extended sick and stuff you may not have a case, but I would certainly not take the "thats the way the cookie crumbles" attitude if it matters to you. I hope you put up some fight! Of course if you feel like crap sometimes its not worth it! Good luck!

 

[terri01p]

Let's face it companies don't give a flip about people anymore! If your sick, hey to bad so sad. My dd was in the hospital and being placed on life support and my dh company allowed him two days...and acted as if they did him a million dollar favor. they have already took away half of our vacation days, cut pay by 5%, took sick days , what's left but the job itself.
Godspeed and good luck to you, do what you have to do for your health sake!

 

[DizBelle]

People may not realize it but FMLA DOES NOT protect your job. If you would have gotten laid off while working, you can also be laid off while on FMLA.

A co-worker of mine was laid off while on FMLA for maternity leave.

 

[DrCavin]

http://fmlaonline.com/

 

[BCV513]

People may not realize it but FMLA DOES NOT protect your job. If you would have gotten laid off while working, you can also be laid off while on FMLA.

A co-worker of mine was laid off while on FMLA for maternity leave.

That's right, but if the email is worded like it sounds like in the OP, then the boss is saying that the layoff is directly related to the surgery. Which is illegal.

 

[jen0610]

According to our handbook at work, FMLA will allow you to take 12 weeks off within any 12 month period. You have to return to work on the first day of the 13th week or you are terminated.

And the 12 month period is not calendar months, but rolling months. In order for you to not get terminated here, you would have to have both done at the same time and back by the 13th week or wait and do the hip surgery some time after 10/30/2010.

 

[eliza61]

I think small companies with less than 50 employees (not sure if that is the correct number) are exempt from FMLA.

That was my understanding. There are soooo many ways companies get around FMLA it would make your head spin. My company, a fortune 500 worldwide company has let people go after they are out with a major illness. How, they simply call it a Furlough. They say your project was downsized or funds cut and their waiting for it to come back. Mean while you get no pay, I think you do get to keep your benefits for a while. Or, they offer you a position that you cannot possible do and when you say you can't do it they start the old "furlough" wheel again.

These companies are no longer employee friendly. Its about the bottom line. Yes, I'm very much a cynic.

Op. concentrate on your health. That's the most important thing. Good luck with the surgery.

 

[NotUrsula]

Is this elective surgery? Can you manage to still do your job if you don't have it done?

I'm sure that you would feel better if you had the work done, and the company's stance does stink, no question. However, if the condition isn't life-threatening, in this economy I'd think long and hard about walking away from a job over it -- especially if the job has decent benefits. If you try to get a new job those pending surgeries are going to become pre-existing conditions, and you might end up uninsurable.

It's very hard to be between a rock and a hard place. I feel for you.

 

[Piecey]

People may not realize it but FMLA DOES NOT protect your job. If you would have gotten laid off while working, you can also be laid off while on FMLA.

A co-worker of mine was laid off while on FMLA for maternity leave.

That stinks!
The company I worked for had a parental leave policy that my job WAS protected. I can't imagine coming back, with the extra expense of a baby, and finding out I didn't have a job!


...OP, keep that e-mail! I'd talk to someone about it but you definitely need to keep that e-mail!

 

[dakcp2001]

Honestly, SAVE that email and start making some phone calls. If it is illegal, you will want to have the proof. Are they elective surgeries? (I am certain they are necessary, perhaps you just need the DR to clarify that on the paperwork?)

 

[Arielle22]

FMLA will cover you if you have worked more than 1,250 hours where you have been employed 12 months in a company that has 50 employees within 75miles.

Companies can either use a rolling 12 month period or a set 12 month period. It is not 12 weeks per reason but 12 weeks combined. So if OP was out earlier in the year for another reason and used FML then it would be 12 weeks minus what was used leaving what is available .

Once FML is used up (and any state version) then the company does not have to hold the job. If the reason an employee is out falls under the ADA then the company should use an interactive process to decide if it can accomodate the employee's restrictions. However the ADA is meant to keep an employee working so while a short amount of time off may be deemed reasonable; excessive time off would be a harder sell.

The PP who mentioned being laid off while on FML is correct. If you were going to be fired/laid off before your leave then it can occur during the leave. Although, the company had better have solid proof as to the timing of the term.

 

[Thumper_Man]

Does your place of employment have an HR Department? If so, contact them and they should be able to let you know what your legal rights are. And yes, definitely save that e-mail. Good luck with surgeries. Hope everything works out for you.