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Grief From Boss Also
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09-24-2009, 07:33 PM
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HysterSister
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Posts: 6
Hysterectomy: October 19th, 2009
Surgery Type: LAVH
Ovaries: Kept 1 or both
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Grief From Boss Also
I am also having problems with the place I work.
My situation is a bit different after being unemployed for 7 months i finally landed a job. Well I had been experiencing heavy bleeds again. (had a Novasure procedure in November of 2008) so i headed off to the doctor knowing what she was going to say. So since I had insurance I thoiught might as well get this taken care of now since it is kind of our slow season (trying to be considerate to the company)
So I let me HR person know that I would be having a partial Hysterectomy and would need to take 2-6 weeks off depending on what all would need to be done. (also might have to have the back wall of Vagina repaired) Well almost immediately i recieved an email that states that I am not eligiable for FMLA (since i have only worked for company for 4 months and you need to have 12 months according to FMLA guidlines) and that my employer could not and would not gaurantee that I would have a job after my surgery.
SO I have scheduled my surgery for 19th of October and will be returning on the 21st, no matter how i am feeling.
Has any one else lost there job after having surgery?
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09-24-2009, 08:02 PM
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HysterSister
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Posts: 3,711
Hysterectomy: November 4th, 2008
Surgery Type: LAVH
Ovaries: Kept 1 or both
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Re: Grief From Boss Also
I am so sorry you are having to deal with that. You shouldn't have to.
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09-24-2009, 08:02 PM
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Guest
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Posts: 149
Hysterectomy: September 30th, 2009
Surgery Type: TAH/SAH
Ovaries: Removed both
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Re: Grief From Boss Also
I am so sorry to hear this.
I live in Ontario Canada, and there are laws.
I have had to fight with my old work place in regards to time off for surgery. Here it works out you use your vacation and sick time, then you apply for a leave and there is a waiting period and then the goverment pays you (sorta like unemployment/maternaity).There is piles of paper work and signing waivers alowing the company and Dr to talk. But by law they can not termaniate you.
I would so look into your labour laws and see what your rights are for this.
Good luck
keep us updated
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09-24-2009, 08:03 PM
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HysterSister
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Posts: 155
Hysterectomy: October 21st, 2009
Surgery Type: TAH
Ovaries: Removed both
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Re: Grief From Boss Also
I am not really sure about laws and such but I would NOT delete that email!!!
Good luck to you and I hope that you are able to take the time you need to heal right!
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09-24-2009, 08:21 PM
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HysterSister
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Posts: 1,458
Hysterectomy: September 18th, 2006
Surgery Type: LSH
Ovaries: Kept 1 or both
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Re: Grief From Boss Also
As I posted in the other thread....check to see if your state is "hire and fire at will". If it is, you can be fired for any reason.....if they do not like the way you blink, they can fire you.
Many states are hire and fire at will.
One thing that I think many overlook....employers have great stress when a worker is out. I work for one company and own two others. This means that I can see both sides. While it may seem mean, an employer has to look at their bottom line. Loosing an employee can cost the employer profit. Profit means that the owner actually gets a pay check.
Trust me, in my own businesses, I have often paid my employees while I have made zero pay check and have to pay their salary, taxes and expenses. *sigh*
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09-24-2009, 08:27 PM
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HysterSister
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Posts: 119
Hysterectomy: September 30th, 2009
Surgery Type: LAVH
Ovaries: Kept 1 or both
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Re: Grief From Boss Also
For example, if an employee on leave without pay would
otherwise be entitled to full benefits (other than health benefits),
the same benefits would be required to be provided to an employee on
unpaid FMLA leave. By the same token, employers cannot use the taking
of FMLA leave as a negative factor in employment actions, such as
hiring, promotions or disciplinary actions; nor can FMLA leave be
counted under "no fault" attendance policies.
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09-24-2009, 08:46 PM
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HysterSister
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Posts: 1,458
Hysterectomy: September 18th, 2006
Surgery Type: LSH
Ovaries: Kept 1 or both
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Re: Grief From Boss Also
While they may not be able to use medical leave as a reason for termination, "hire and fire at will" states can use any other reason. Even if it is really due to the medical leave. it would be up to the employee to prove otherwise, which would cost far too much in legal fees.
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09-24-2009, 09:45 PM
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HysterSister
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Posts: 493
Hysterectomy: August 17th, 2009
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Re: Grief From Boss Also
Here is the Wikipedia link for the hire and fire at will- please remember it came from Wikipedia, but I learned something (if it's accurate, hah):
http://en.wikipedia.org/wiki/At-will_employment
I think that keeping that email is a good idea, and doing as much research about your rights as you can is good too. 3 days after major surgery...eek. I don't know. I had a TVH, and although some girls don't take pain pills, I did, for 4 days religiously, and then it was intermittent. I couldn't drive for a couple weeks- and it was a couple more after that before it felt okay to do it. I'm concerned about you!
Nicki
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09-24-2009, 10:27 PM
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HysterSister
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Posts: 6
Hysterectomy: October 19th, 2009
Surgery Type: LAVH
Ovaries: Kept 1 or both
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Re: Grief From Boss Also
Thank You all for the responses. I am in an out will state so as far as I have found out I either have to hope they don't replace me or I will have to show up every day. Which like I said before that is my plan at this point I will keep every one updated, after all I still have 25 days to figure this all out. One thing I have going for me is that my co-workers are the greatest and will take good care of me. Plus I only have to make it thru 2 full days and 1 partial day. They are talking about setting up a cot in the extra office for me LOL>
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09-25-2009, 05:51 AM
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Guest
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Posts: 268
Hysterectomy: June 10th, 2009
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Re: Grief From Boss Also
I really hate to tell you this, but your HR department is correct as it pertains to the FMLA guidelines. According to Federal Law, you must have worked for your employer for a minimum of 12 months and with a minimum of 1250 hours in paid status to qualify (that is the downside of FMLA).
Not sure of where you live, but if you reside in an "Employment at Will" state, it's a double whammy, as you can be terminated at any time. There are exceptions, such as an Implied Contract provision, but it's up to the terminated employee to prove there was a contract in the first place, and the time and expense of doing so sometimes is not worth it.
On the flip side, for your employer to advertise, interview, hire and train your replacement may be too much for them costwise, so it might be a lot cheaper for them to wait for you to come back.
You can find out more about FMLA at the Department of Labor's website (the DOL governs FMLA). The website address is:
http://www.dol.gov/dol/topic/benefits-leave/fmla.htm
Ultimately you have to do what's best for you. Another poster in another thread said it best: Jobs are replaceable (even in this economy); YOU, however, are not.
Best of luck to you...
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