Time Off for Surgery

[taxcurious]

What is the name of your state? CO

My husband was scheduled for surgery. He told his employer that he needed one week off for the surgery and then two more weeks where he could not travel because he could not do heavy lifting (suitcase, computer, etc.) His employer told him he had to take STD or FMLA. Why would that not be just sick leave?

 

[justalayman]

because if FMLA is available, the employer MUST consider it as FMLA time.

STD is an internal matter but STD and FMLA leave can be concurrent since they ar two seperate issues.

 

[cbg]

FMLA is a form of sick leave. It is, however, sick leave that the employer is required by law to apply if the employer, the employee, and the medical condition all qualify.

STD is not leave. It is how you get paid while you are on leave.

 

[taxcurious]

Thanks. So it is not unusual?

 

[cbg]

Unless I'm completely misunderstanding you, it's not only not unusual, it may be required by law.

 

[taxcurious]

I doubt that you are misunderstanding me. My background is in healthcare until 2004 (24+ years in a non-profit company) and we always had a bank of sick time built up. I have never heard of anyone having to use disability for surgery. Has the corporate landscape changed or are for-profits different such that companies do not offer paid sick days? Please advise, the whole thing surprises me.

 

[cbg]

It is completely common for disabliity benefits to be used for surgery. In fact, after administering health, welfare and disability benefits for over 25 years, I have never seen a situation in which it would NOT be available for surgery. I would be astonished at any other response.

What is it that you find uncomfortable about this situation? Why does using disability benefits for surgery disturb you? What do you think should be used instead? This are genuine questions asked out of curiosity, not to put you down.

 

[taxcurious]

No problem, I am glad you are asking because this is so different from what I am used to.

I think paid sick time should be used rather than STD. My concern is that the insurance will not approve his recovery time as a total disability. Frankly, he will be able to do anything but lift > 15 pounds. If they say he is not disabled or is partially disabled, then I fear he will be off without pay. I think his employer is trying not to pay him.

 

[cbg]

Well, there is almost certainly going to be a waiting period before disability benefits begin (one week is customary) and paid leave, if available, can be used for that.

I'm not as certain as you that the claim will be declined, but if it is, he can also request that sick leave be used for that time as well.

How much sick time does he actually have available? One reason disability benefits are commonly available for such things is that not everyone always has a bank of sick time that will cover the entire recovery.

Just as an FYI, he does not have a right under the law to be paid for this time.

I very much doubt that the employer is deliberately insisting that he utilize the benefits that are available to him and that he has a legal right to use, as an excuse not to pay him. In your state and in 44 others he is not required by law to provide disability benefits (or paid sick leave) at all; if he did not have at least some concern for his employee's financial situation, he could save himself a lot of money by not providing these optional benefits.

I think you may be worrying over nothing.

 

[taxcurious]

Thanks. You have helped tremendously.

We don't know how much sick time he has. The handbook says they allow 'reasonable' personal and sick time and there are no accruals on his check stubs.

 

[justalayman]

do they say it is paid sick time?

Reasonablle personal and sick time, to me, simply means they allow time off for neccessary sick and personal reasons, within reason. It does not mean it is paid.

 

[taxcurious]

It is listed under the "Time-Off" section in the benefits for salaried employees. It says..."All billable and non-billable employees are offered vacation time based on length of service, personal and sick time, within reason, and seven standard holidays." I take that to mean the sick time is paid as well as the vacation and holiday. He is salaried and sick time off has never before been an issue. I don't believe I have ever heard of a salaried employee not being paid for sick days unless he/she is not eligible for any benefits.

 

[Zigner]

I don't believe I have ever heard of a salaried employee not being paid for sick days unless he/she is not eligible for any benefits.

If said employee doesn't work *at all* during the salary period, then they likely would not be paid. IE: If paid weekly, and he doesn't show up for that entire pay period, there is likely no requirement that he be paid his salary.

 

[taxcurious]

I'm not sure where you're going with this. He's a professional and he would not just not show up. His salary period would be considered yearly.

 

[ecmst12]

If a salaried employee does not work at all during a work week, he does not need to be paid for that week.

It is not uncommon for absences of longer then 5 consecutive work days to considered STD. I doubt the disability carrier is going to make a fuss about 2 weeks recovery time after surgery.