Looks like I'm going to lose my job

[apirateslifeforme]

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.

I also lost my job during FMLA. In November 2000, I needed major surgery (needed, not elective) and had 6 weeks of recovery. Although I felt well enough to return to work, my doctor would not okay it, so I had to take the full amount of time. Before I went on leave, HR handed me a document that stated that I would have a job when I returned.

The week before I was to return, I stopped in for a visit, which was when my boss informed me "Don't come back." They'd given my job to someone else while I was gone. And that piece of paper they gave me? They got around it by laying off one other person in the company and calling it a company downsize

 

[Lisa loves Pooh]

Are you covered by FMLA?

If so, they are in violation of Federal law (or will be when they follow through).

The fact that they are tying your termination with 2 medical events is a sign that they will replace your position.

If they hadn't planned on laying you off anyway, they are in violation of FMLA.

SAVE THE E-MAIL!!!!

 

[jen0610]

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!

Are you covered by FMLA?

If so, they are in violation of Federal law (or will be when they follow through).

The fact that they are tying your termination with 2 medical events is a sign that they will replace your position.

If they hadn't planned on laying you off anyway, they are in violation of FMLA.

SAVE THE E-MAIL!!!!

Without knowing the exact wording of the e-mail, I take it that they are telling her upfront, that with the way she has the surgeries scheduled, she will not be back within the allowed 12 week period.

Surgery done on 10/30, off on recovery waiting until the next surgery 12/9, eats up 5.2 weeks of FMLA. This would only leave her with 6.3 weeks of FMLA to use. It could be that she has already given the company notice, that according to her DR, after the 2nd surgery she would be out 7, 8, 12 weeks for that recovery. That would place her over her allotment for the 12 month period.

It does't seem right, but that is they way the law is written. You are only allowed 1 12 week period - be it you use it all at once, in 2 6 week breaks or 6 2 week breaks. You can only be "safe" (liberally used term) for 12 weeks. Unless you work for a really great company that gives you 26 weeks of short term disability to use....I wish I had loved that job enough to stay for that perk.

 

[Lisa loves Pooh]

Having had a meniscus tear removed and gone to a PT that pretty much deals only with shoulder and knee surgeries--there is no way in heck that a meniscus tear takes 6 weeks off of work.

Heck, one of our gymnastics teachers had hers done over the summer. She missed only 1 week of classes and was back.

Not to say the OP will be ready for gymnastics--but it isn't a surgery that keeps you out of commission for that long.

 

[LuvOrlando]

That sounds awful
Both your knee and hip requiring surgery sounds serious. Would it be possible to first go out on SS disability then get the surgery done and return to working when you are fully healed, if you ever fully heal? If the surgeon doesn't think you qualify for Disability why would he tell you to get the surgery?

 

[monkey68]

While it does stink, I would also proceed carefully. If indeed you are covered by FMLA, and you bring it to their attention, or get a lawyer involved, or what have you, I would be afraid of them saying that I can keep the job, but when I get back, they get all pissy and make my life more complicated, causing me to quit anyway (just something to think about). For instance, if your job involves lots of walking, and you won't be very mobile after surgery, I would be afraid they would still insist that I figure out a way to go about my regular duties.

Really does stink though, is that how they worded it, or are they saying they're having lay offs? If they're laying people off, they can show that other people who weren't out got laid off as well, and then you're pretty much stuck.

 

[Mermaid02]

The kicker? I work for a HOSPITAL!

They are well within their rights.... I have a child with several diagnoses and have fmla for him- leaving me with not enough fmla time left for my own surgeries.... I am having the meniscus done (torn in 2 places with an unstable horn root) and then I am having a total hip replacement. Both are causing me extreme pain and my surgeon says the knee is a product of the hip- favoring the hip (right) put strain on my knee (left) and causes me to have an unnatural "gait'. I am not putting either surgery off. I'm 42 years old and do NOT want to cause more damage to my joints.

Things happen for a reason I guess... just found it ironic.

 

[Mermaid02]

Having had a meniscus tear removed and gone to a PT that pretty much deals only with shoulder and knee surgeries--there is no way in heck that a meniscus tear takes 6 weeks off of work.

Heck, one of our gymnastics teachers had hers done over the summer. She missed only 1 week of classes and was back.

Not to say the OP will be ready for gymnastics--but it isn't a surgery that keeps you out of commission for that long.

My doc told me 4 weeks- my PT is probably going to be more complicated due to my hip.

 

[karibritt01]

The kicker? I work for a HOSPITAL!

They are well within their rights.... I have a child with several diagnoses and have fmla for him- leaving me with not enough fmla time left for my own surgeries.... I am having the meniscus done (torn in 2 places with an unstable horn root) and then I am having a total hip replacement. Both are causing me extreme pain and my surgeon says the knee is a product of the hip- favoring the hip (right) put strain on my knee (left) and causes me to have an unnatural "gait'. I am not putting either surgery off. I'm 42 years old and do NOT want to cause more damage to my joints.

Things happen for a reason I guess... just found it ironic.

If it were me, I would get your Dr to help you qualify for short-term disability while you have the surgeries. That way you can continue to draw a paycheck, and keep your benefits during the surgery and recovery. Afterwards, if they choose to fire you, then look for another job, but at least you will have gotten your surgeries. My mom was able to kep her short-term disability through her Dr for 14 months, until she qualified to retire from her company.

 

[Dan Murphy]

Best wishes, Loreli. 's

 

[JerseyJanice]

Things happen for a reason.

Best of luck with the surgeries.

 

[Cantw8]

I'm sorry I hope everything works out for you

 

[disney1990]

Life isn't fair.

My sister had extensive neck surgery earlier this year and used up all of her vacation & sick leave doing so. She was out of work for about 3-1/2 months total.

Fast forward to last month when she was diagnosed with Stage 2 Ovarian Cancer. She is not having surgery now, even though that is what her doctor highly recommends. Why, because she is afraid of losing her job and/or not being paid while she is out sick and she is a single mom.

I have tried to talk her into talking to her employer to see if something can be worked out, but she won't even consider it.

I am scared for her health, but there is nothing I can do. We have finally convinced her, I think, to have the surgery (Hysterectomy) over Thanksgiving weekend -- she gets off on Wed-Sun and plans to go back to work on Monday morning, no matter how she feels.

 

[minniecarousel]

Mermaid - you will not regret having the surgery. My Sis had to have a knee replacement. Looking at her hip x-rays, it was decided that she had to have the opposite hip replaced first. She didn't have them back-to-back, but rather about a year apart. She's sorry she waited so long for either of them. Good luck to you.

(disney1990 - I hope your sister's surgery goes well.)

 

[tinatark]

One of the factors they are most likely considering is that you will be out during Thanksgiving, Christmas holidays and year end - traditionally a very busy time for companies.

Maybe if the surgeries are at the beginning of Jan/March that would make a difference - it seems FMLA has protected you but you would be exceeding the 12 weeks it requires.

When does your FMLA calendar roll over? Can either surgery wait until then?

FMLA was great for many people, but it came into effect just before I had my children - I had over 6 months of vacation/sick leave accrued, and prior to FMLA I could have used all of it at once. With FMLA I was limited to 12 weeks.

 

[LuvOrlando]

Life isn't fair.

My sister had extensive neck surgery earlier this year and used up all of her vacation & sick leave doing so. She was out of work for about 3-1/2 months total.

Fast forward to last month when she was diagnosed with Stage 2 Ovarian Cancer. She is not having surgery now, even though that is what her doctor highly recommends. Why, because she is afraid of losing her job and/or not being paid while she is out sick and she is a single mom.

I have tried to talk her into talking to her employer to see if something can be worked out, but she won't even consider it.

I am scared for her health, but there is nothing I can do. We have finally convinced her, I think, to have the surgery (Hysterectomy) over Thanksgiving weekend -- she gets off on Wed-Sun and plans to go back to work on Monday morning, no matter how she feels.

Does your sister realize that Ovarian Cancer is one of the most lethal cancers out there because it is often very far along before it is discovered. She can't possibly know the reality of this cancer or she would have had it done yesterday. Please, please, please look up some info online from some well known cancer centers like Memorial Sloan Kettering or Johns Hopkins and then show it to her. This diagnosis is very very bad

 

[disney1990]

Does your sister realize that Ovarian Cancer is one of the most lethal cancers out there because it is often very far along before it is discovered. She can't possibly know the reality of this cancer or she would have had it done yesterday. Please, please, please look up some info online from some well known cancer centers like Memorial Sloan Kettering or Johns Hopkins and then show it to her. This diagnosis is very very bad

Yes, I know this and I have told her this over and over again. But, she has NO money and can't afford to be off work and/or risk losing her job.

If it were me, I would have had the surgery as soon as I could get it scheduled. Knowing that you have Ovarian Cancer and it only being a Stage 2 is a lifesaver if you take immediate action. Most people find out when it's too late.

But, she says she has absolutely no choice. If she loses her job or has to be on disability insurance, she won't be able to pay her bills and will be out on the street.

It's sad, but there's absolutely nothing I can do to change her mind -- I have tried everything that I can.

 

[mamacatnv]

I had a meniscus tear repaired and my ACL removed in late August, on a Tuesday. I was back to work the following Monday. I am still in P.T. 3 days a week and will be until early November at least. It last about an hour and the P.T. appts are very flexible I go early before work.

My company only has 30 employees and we do not offer FMLA or any other type of disability coverage. I have a private policy but didn't need it for my knee.

I guess I don't understand why you plan to take the entire month of November off if it means losing your job. If you lose your job and go elsewhere you start all over with benefits and FMLA qualification etc. Seems like a lot to sacrifice.

I hope it all works out for you. Knee issues stink

 

[AlexWyattMommy]

Yes, I know this and I have told her this over and over again. But, she has NO money and can't afford to be off work and/or risk losing her job.

If it were me, I would have had the surgery as soon as I could get it scheduled. Knowing that you have Ovarian Cancer and it only being a Stage 2 is a lifesaver if you take immediate action. Most people find out when it's too late.

But, she says she has absolutely no choice. If she loses her job or has to be on disability insurance, she won't be able to pay her bills and will be out on the street.

It's sad, but there's absolutely nothing I can do to change her mind -- I have tried everything that I can.

Ask her what her plans are for her family when she is DEAD. She won't need that job if she is dead.


I know that sounds heartless, but I think you have to be brutal with her to get the fog out. Because I'm pretty darn sure I would have a fog in my head about this.



OP - sorry about your situation too. Hope things work out for the best.

 

[Mermaid02]

I had a meniscus tear repaired and my ACL removed in late August, on a Tuesday. I was back to work the following Monday. I am still in P.T. 3 days a week and will be until early November at least. It last about an hour and the P.T. appts are very flexible I go early before work.

My company only has 30 employees and we do not offer FMLA or any other type of disability coverage. I have a private policy but didn't need it for my knee.

I guess I don't understand why you plan to take the entire month of November off if it means losing your job. If you lose your job and go elsewhere you start all over with benefits and FMLA qualification etc. Seems like a lot to sacrifice.

I hope it all works out for you. Knee issues stink

My doctor told me to plan on the month off work. He knows more about it than I do- I'm taking his advice. If I can go back earlier, I will but NOT against his advice.

I'm having surgery back to back because we have not only met our deductible for the year (making my surgeries 100% paid for) my doc says the bad hip is now affecting my other joints (like the knee)

I only work part time- with daycare expenses and travel expenses as well as wardrobe etc. I probably contribute less than $10, 000 a year to our household.

My husband and I talked it over and we are going to just see what happens. I'm only 41 years old- I'd like to get this taken care of so I can have a more active lifestyle.