Supervisor telling me to reschedule surgery.

[NeedingAdvice1]

Tennessee here. I have a surgery scheduled December 4th. On the 24th I gave them the appointment date asap once I received this info. I gave plenty of time for them to cover my shifts. I was approached on Oct 27th by my supervisor informing me that I need to reschedule my surgery because the store GM is on vacation and the month of December is no good for them that they need me there to help run the store. Is this ok legally? Is this covered under TN FMLA or does anyone know what I can do?

 

[cbg]

FYI, FMLA is Federal, not state.

What kind of surgery are we talking about here? It DOES make a difference.

 

[NeedingAdvice1]

I didn't know that was federal, thank you for that info. The surgery is on my throat. There for I won't be able to talk much which my job requires. The doctor stated 2 weeks out, my supervisor also stated he thinks 1 week would be all I needed.

 

[cbg]

Is it elective surgery?

How long have you worked for this employer?

How many employees does this employer have within 75 miles of this location?

In the last 12 months, have you worked a minimum of 1,250 hours for this employer?

 

[NeedingAdvice1]

1 of my tonsils is low down in the back of my throat. They are both 2x the size they are supposed to be and full of tonsil stones causing sore throats and trouble eating. The doctor took 1 look at them and said I needed to have them removed. The doctor wanted it scheduled next month but my boss already started working on that schedule. So it was scheduled Dec 4th. I have worked for them for 2.5 yrs, there are over 150-200 employees within that mile radius. And I work 35-40 hrs every week since I started. I am a mgr also so I dont miss much. In the last 2.5 yrs I have missed 4 days. I understand its not life and death surgery.

 

[cbg]

I'm not trying to give you a hard time, truly. These questions are for a reason. We need to determine if this would be considered a serious health condition under FMLA. (Hopefully ecmst12 will pop in.)

Would your surgery require an overnight stay, or would it be done as day surgery?

How often have you seen the doctor regarding this condition. (I know you said the doctor took one look - but have there been other doctors or other treatment before or since?) If so, how often? And over what period of time?

How much have you told your employer about the condition?

 

[NeedingAdvice1]

Oh you are fine. I just want to try to explain as much as I can. In the past I have had several appointments over my tonsils for sore throats. Atleast 4-5times a year if not more. Roughly 2 months ago I started having a pain in my throat and something was rubbing the back of my throat causing pain when I talked, swallowed anything, and when I moved my head certain ways. I went to the doctor (primary) & was examined. I had a tonsil stone about the size of a peanut (out of shell) that was lodged in my tonsil causing the pain. Due to the doctor unable to remove it (she stated that is considered a actual treatment that a ENT would have to perform) she asked me to do a few things at home for 1 week and if no relief I would be referred. I was referred to the ENT and had to wait almost a month for my apt. The entire time I kept my GM in the loop. The surgery is day surgery about 45 mins max. I can go home after 1 hour of watching me and being able to keep fluids down. Doctor said 1-2 weeks at home to recover.

 

[cbg]

I'm going to have to give this some thought. You're balancing right on the line IMO and I'm honestly not sure which way it falls. While I do Employee Benefits for a living, FMLA is managed elsewhere in the department and I'm a bit out of practice. I'd like to ask a couple of other HR folk to chime in, and again get ecmst12's opinion. Just for the sake of argument, what does your doctor say about postponing it?

 

[NeedingAdvice1]

That is ok with me and I appreciate your help. I called Friday but they had a short day so I left a voicemail with his nurse. I am hoping I receive a phone call Monday.

 

[adjusterjack]

My take on this is that your health is at stake and the hell with the job.

If it was me, I'd call the doctor and arrange for the surgery next week if possible, then tell the boss you are doing it and he can damned well deal with it as best as he can.

You could end up choking to death while you kowtow to the bosses.

Unemployment is better than dying. Never mind what the law says. Self preservation is nobody's business but your own.

 

[cbg]

My instinct is that this is a FMLA violation, but I'm still interested in what your doctor says. I've also asked a couple of other HR people to take a quick look.

 

[commentator]

Is it death? Seriously, it could be. You need to become serious about this. I know from ghastly experience that infected tonsils can cause a number of other issues, including affecting your heart and causing many serious systemic health problems including possibly sepsis and death. From the sound of this, the employer is hearing "tonsils" and not taking this surgery seriously. I had my tonsils removed when I was in my 20's and got very little sympathy or cooperation from my employer, even though it was very necessary for my continuing health. "Tonsils, tonsils, why didn't you do that when you were a child?!"

If I am reading this right, it is a store, it is being suggested that you not do the surgery the whole month of December, because of their staffing issues, and that's pretty absurd. The employer will have to give you FMLA, I think we have determined that, right cbg?

I believe I'd present my employer with a note from my physician that my surgery was medically necessary. And then just say, "I've got the surgery already scheduled, will be back......" and let them deal with it. I have heard many supervisors play this one on employees, especially diligent, good employees. It is NOT YOUR PROBLEM to make sure that shifts are covered, or that your supervisor is out that month, or whatever excuse the man is offering you why you can't take care of your health. This is about you and your well being, and you have as much right to be out and to have surgery that is very necessary to your health as your supervisor has to be out for whatever reason. I sort of doubt if the employer will fire you under these circumstances. Good luck with your tonsil surgery, I hope it makes you feel as much better as mine did.

 

[eerelations]

I can also speak from personal experience. Tonsillectomies are no longer performed as a matter of course, they are only done when the situation is serious and the person getting it done needs it in order to remain healthy. I had a tonsillectomy done in my late teens because I was sick all the time, like constantly, agonizingly sore throats, high fevers, couldn't go to school hardly at all (in the year leading up to the tonsillectomy I missed 70+ days of school). And the recovery period for adult tonsillectomies is massive - I was in the hospital for ten days (this was in Canada, where they kick you out of the hospital asap, so having to stay there for 10 days is huge) and then was sick in bed, no talking, no eating, taking opioid-based painkillers, for at least a week afterward. (I remember to this day my first post-surgery food at home - a very mayonnaisy tuna sandwich on soft bread, I heard angels singing as I bit into it!) And this was all fine, there were no complications, just a normal adult tonsillectomy.

 

[adjusterjack]

I remember two things from my childhood tonsillectomy:

The smell of the ether (circa 1950).

Post op ice cream (melted but still tasty).

 

[NeedingAdvice1]

Thank you all for your feedback. I will be receiving a call from my doctor tomorrow.