Scheduled for surgery concerned for job

[Nikkid0714]

Hello, I live in Ohio. 50 years old. My company is in a massive state of restructuring. I am scheduled for a partial knee replacement next week. I gave my company over one month's notice of surgery. I am concerned that I will be terminated while recovering from surgery. Is there anything I should do to protect myself, or am I safe by virtue of my temporary disability? I have enough PTO to cover the 2 weeks I will need to take off.

 

[LdiJ]

Hello, I live in Ohio. 50 years old. My company is in a massive state of restructuring. I am scheduled for a partial knee replacement next week. I gave my company over one month's notice of surgery. I am concerned that I will be terminated while recovering from surgery. Is there anything I should do to protect myself, or am I safe by virtue of my temporary disability? I have enough PTO to cover the 2 weeks I will need to take off.

There really isn't anything that you can do to protect yourself. The knee surgery isn't going to make a difference one way or another. It would probably be wiser not to call attention to it other than reminding your supervisor a day or two ahead of time.

 

[cbg]

Do you qualify for FMLA?

FMLA applies when ALL of the following is true:

1.) You have worked for this employer for a minimum of one year.
2.) Your employer has a minimum of 50 employees within 75 miles of your location
3.) In the 12 months immediately preceding the start of your leave, you worked a minimum of 1,250 hours for this employer
4.) You have a serious health condition as defined by the FMLA statute.

If even one of the criteria above is not true, then FMLA does not apply. However, if all 4 criteria are true, then you are entitled to up to 12 weeks of medical leave with your job protected.

However, there is one qualifier. FMLA protects you from being termed or otherwise disciplined BECAUSE you took medical leave. If you would have been terminated, transferred, or otherwise affected by the reorganization regardless of your medical leave, then neither FMLA nor any other law is going to force them to retain you and fire/transfer/affect someone else instead.