what rights do i have

What is the name of your state? Oklahoma

My problem.
I have been employed at with my employer for 2 1/2 years. My employer allows 1 day a month paid sick leave, total of 12 per year. Including this month of Aug. i should have 8 days. since Jan. i have missed 4 days sick leave, until this past week. I have been having female problems, the only solution to it is to have surgery, the big yank everything out. I have been putting it off, due to i know my employer will not go for 4-6 weeks recovery time. this past week my boss was gone on vacation, and i ended up in the emergency room, due to this problem. i received instructions to not return to work for 3 days. i was to stay home with feet propped up. today when my boss got back, he called me into his office, and told me that i should have tuffed it out. i could not stand up without major pain. he stated that he did not care if it was an emergency or not and that if my health is that bad, then he will find some one to replace me, cause he cannot have me being gone. if i don't have the surgery, i will only continue to loose days, due to it. if i have the surgery, then i will loose my job. there has been other employees that have taken off for up to a month for surgeries, and he did not say a word. there are employees that take off every other week for being sick, If i miss a day, i make it up during that pay period. i believe in being fair. my questions are 1. what are my rights to keep my job if i have the surgery, and 2. Is this considered discrimative towards me, since he has allowed other employees to take off for surgeries or whatever.
My employer has about 25 employees, and he is a collection attorney.
thank you and sorry so long.

I'm not a lawyer or even a legal buff but I believe the FMLA (Family Medical Leave Act) would cover you in this case. Try a search on google to get the specifics. From what I have gathered from my situation and from reading some of the other people's situations is that we as employees have very little in the way of job security.

Unless you are fired because of sex, race, religion, or age you really don't have many options. In your case sex has nothing do to with it as you won't (I use the term litely) be fired because your a woman, you could be fired because you missed work, regardless of the reason.

My only advice is to do some good research on the FMLA and bring it to your employeers attention if it applies.

/sarcasm on

The only way to guarantee your job is to be a sexless shemale who has a religous holiday on every day you have to somewhere other than work.

/sarcasm off

Rob

If the employer has only about 25 employees, then FMLA does not apply. FMLA begins at 50 employees; employers with less are not covered under the statute. An employer with 25 employees has no legal obligation to provide FMLA leave.

The state of Oklahoma does not have any state-mandated leave laws so there's no help for you there either.

As far as discrimination goes, that's not something that we can judge based on the information you've provided. Roby is correct that unless you are being denied the time off BECAUSE OF your race, religion, national origin, gender, disability, pregnancy or because you are over 40, it is not illegal.

So...

Are ALL the employees who have been allowed to take time off men? ALL of a different race than you? ALL under 40 where you are over 40? And so on.
If not, then you will have a very hard time proving that he is not allowing you to take the leave for an illegally discriminatory reason. I'm emphasizing ALL for a reason - if he has allowed other women, or other people of your race, or other people over 40, to take leave, then he'll be able to use them as proof that he is not discriminating. In that case, you'll be better off looking for another job right now because if he fires you for missing work, it WILL be legal.

But if so, if all the men but none of the women, or if all the caucasions but none of the hispanics, or all the employees who are over 40 but none who are under 40, are being allowed to take medical leave, you will want to contact the EEOC or the Oklahoma Human Rights Commission.

Keep in mind that in these circumstances it IS legal to allow employees who have been there five years, but not 2 1/2 years to take leave, or to allow management but not clerks, or to allow full timers but not part timers. It is ONLY illegal if it's for one of the reasons above.

Roby said:

I'm not a lawyer or even a legal buff...

Click to expand...

Than why are you here??? And why did you feel compelled to provide the wrong answers to this OP??

Pretty simple.... If you don't KNOW, don't post!!

JETX said:

Than why are you here??? And why did you feel compelled to provide the wrong answers to this OP??

Pretty simple.... If you don't KNOW, don't post!!

Click to expand...

WOW, simply WOW. I'll bring the ladder for your high horse right over so you can step down. I never gave her an answer simply a place to look.

Egos, jeesh

Rob

Um, no offense, Rob, but anyone who knew anything about FMLA would have been able to tell just from her post that it didn't apply...

Roby said:

I'm not a lawyer or even a legal buff but I believe the FMLA (Family Medical Leave Act) would cover you in this case. Try a search on google to get the specifics. From what I have gathered from my situation and from reading some of the other people's situations is that we as employees have very little in the way of job security.

Unless you are fired because of sex, race, religion, or age you really don't have many options. In your case sex has nothing do to with it as you won't (I use the term litely) be fired because your a woman, you could be fired because you missed work, regardless of the reason.

My only advice is to do some good research on the FMLA and bring it to your employeers attention if it applies.

/sarcasm on

The only way to guarantee your job is to be a sexless shemale who has a religous holiday on every day you have to somewhere other than work.

/sarcasm off

Rob

Click to expand...

**A: also you need some speliing lessons.

HomeGuru said:

**A: also you need some speliing lessons.

Click to expand...

Hee hee hee.

Just my opinion: He sounds like an awful person to work for anyway, and woman to woman, you're health is more important than any job. Take care of yourself first, worry about a job later. I know its not easy, but a year or so from now, it won't seem like such a big deal.

Best of Luck!

The other people that took leave were women. Its not descrimative to allow some to take leave for medical reason, but not allow others?
But i thank each one of you for responding to my post.
but i agree, i need to find a different job. In his office if you don't kiss the ground he walks on. i do not!!!!!!!! than you are limited to privaleges. (how ever you spell it)
but thanks again