Need Advice Please

[babydumpling25]

What is the name of your state? OHIO

My husband is scheduled for exploritory knee surgery which he has let his supervisor know about since he has known about it and it is suppose to be done on 5/25/07 he hurt himself almost 2 yrs ago and in the last couple of months his knee has been swelling and he can barely do his job any more because of pain. So the doctor said he needed to open it up and see if there is something wrong. The problem is his supervisor said you can not have the day off because so and so's wife is having a colonoscapy (sp) and he needs to be with his kids. Which by the way are teenagers and will be in school at the time. And so and so wanted to start the holiday weekend early so no you cant you will have to reschedule because it doesnt fit into our work schedule and oh yea you cant do it next week either cause so and so is going on vacation so basicly they are telling him that he can only do it when it is right for them not the fact that he is in sever pain and is having a hard time working. If he does call off he is on a points system thing and he will points out so what if any are our legal rights? Does anyone here know? Can they fire him even though they have known for 7 days and has a doctors note stateing that he needs the surgery. Any help would be appreciated.

 

[RiotAct]

Ooh Ooh I know this one!

*ahem* Ohio is an at-will employment state and employers can fire you for whatever reason they want to, as long as it's not related to sex, religion, disability.

 

[ecmst12]

Sorry, dude. This matter concerns FMLA and the rules are a little different.

IF your husband qualifies for FMLA (has worked for the employer for at least a year, at least 1250 hours in the past 12 months, and the employer has at least 50 employees in a 75 mile radius), then they can NOT legally refuse to grant him FMLA leave. It does state that if POSSIBLE, the employee must give 30 days notice of the request for leave, but if he let them know as soon as the surgery was scheduled, then that's acceptable.

 

[RiotAct]

Ack, and I thought I was right! lol

At least you were able to help the OP correctly. Back to reading...and learning...

 

[babydumpling25]

Sorry, dude. This matter concerns FMLA and the rules are a little different.

IF your husband qualifies for FMLA (has worked for the employer for at least a year, at least 1250 hours in the past 12 months, and the employer has at least 50 employees in a 75 mile radius), then they can NOT legally refuse to grant him FMLA leave. It does state that if POSSIBLE, the employee must give 30 days notice of the request for leave, but if he let them know as soon as the surgery was scheduled, then that's acceptable.

He found out on 5/18/07 let them know on 5/19/07 and he has been there for almost 9 yrs now.

 

[cbg]

Now, how about the other two requirements?

Does the employer have 50 employees within a 75 miles radius?

In the last 12 months, did he work no less than 1,250 hours?

 

[babydumpling25]

Now, how about the other two requirements?

Does the employer have 50 employees within a 75 miles radius?

In the last 12 months, did he work no less than 1,250 hours?

Yes to both.

 

[eerelations]

So your husband should tell his supervisor that he's going off on FMLA leave, and then he (your husband) must go to HR to formally apply for FMLA leave. He should also tell HR that he did notify his supervisor about this much earlier, but for whatever reason his supervisor apparently hasn't gotten 'round to giving him the paperwork.

 

[ecmst12]

It's a shame you guys waited until the last minute to ask about this; the surgery is TODAY! But he should definitely call HR today if at all possible, if not then first thing Tuesday. He did notify his supervisor within 1-2 days of finding out about the surgery date as required so he should still be protected, but the sooner he takes care of it (i.e. BEFORE he gets fired would be best!) the better.