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2 Bumps

HR question...can my boss tell me no to surgery?

I have been saving and planning for my tummy tuck for months now and I gave my boss 2-1/2 months notice and I have the PTO for it and everything. I am planning it for Aug 25th and coming back Sept 6th. This is only 7 days of actual work days I would be taking off, but gives me 12 days of recovery time. He just told me no, that the office can't handle me being gone that long. Our company makes it very easy to work from home and I planned on doing just that. He said no. He is arguing with me because his wife's surgery last year took 3-4 weeks recovery time and she was on pain meds forever and all that. Well I am 31 and she is mid 50's, so I think there's a bit of an age gap there and I would think that might have a factor on the different recovery periods. 2 doctors told me 10 days for me, several friends said 2 weeks TOPS, others said 1 week they felt fine.

Can he do that? Can he just tell me no?


Asked by Jeannie721 at 11:11 AM on Jun. 16, 2011 in Money & Work

Level 11 (553 Credits)
This question is closed.
Answers (18)
  • Meg I am aware of that, but somehow I think if she was Really going on vacation, he wouldn't have objected, I think he is using his wife's experience to base his choice on, and thinks that Jeannie will be out much longer than she claims,,, it might happen, but probably not,, let us know what happens!

    Answer by kimigogo at 9:14 AM on Jun. 17, 2011

  • he's your boss, he can tell you no. He can't "deny" your surgery, but he doesnt' have to approve your PTO

    Answer by Zakysmommy at 11:13 AM on Jun. 16, 2011

  • PP is correct, also FYI look up labor laws in your state. Good luck and congrats on the surgery :) That sounds weird but you know what I mean.

    Answer by yesmaam at 11:15 AM on Jun. 16, 2011

  • Is there some sort of company employee handbook you can look at? In all honesty, policy might be for necessary surgery only and not for cosmetic. You may have to use vacation time for your recovery!

    Answer by Mom2Jack04 at 11:15 AM on Jun. 16, 2011

  • Evidently employers are getting away with more and more these days just from reading what goes on here. I think your approval for time off for an elective procedure can be denied. GL hope it gets better and enjoy the tummy tuck!

    Answer by Anonymous at 11:15 AM on Jun. 16, 2011

  • It's an elective surgery so he doesn't have to grant it. If it were mandatory it would go under FLA. I would have just put in my vacation time and said nothing at all. Yes, he can hire someone else in that time if he chooses. Stupid, yes I know.

    Answer by Musicmom80 at 11:30 AM on Jun. 16, 2011

  • I would say I am going to mexico for vacation,,my husband took my tummy tuck money and already bought the tickets,, LOL! I mean what is the difference of vacation or elective surgery? Honeslty, if you have a good relationship with him, ask him what he would do if you had to have emergency surgery and you had to be gone? Would he fire you? This way you have everything planned and will be doing work from home,, the sad thing is because you don't have goverment protection, he can deny you the time off. I have a small business and usually the state would step in, but because this is elective they won't. I would just try talking to him again.

    Answer by kimigogo at 11:57 AM on Jun. 16, 2011

  • kimigogo - a boss can legally deny you time off for a vacation that has already been paid. That means nothing. If you decide to not show up for work anyway it can be considered forfeiting your job and you won't have a job to come back to (and will be ineligible for unemployment). This is especially true if you live in an at-will state.

    Answer by MegMurry at 1:01 PM on Jun. 16, 2011

  • Good luck. I had elected surgery in April and didn't tell my boss about it. I asked for PTO time and that was it. I didn't feel she need to know what I was doing.

    Answer by My3Ez at 11:23 AM on Jun. 16, 2011

  • I am using my PTO/vacation time for the recovery. I have plenty of it. I need to take another look at the employee handbook. So if he refuses to approve my PTO and I go through with it anyway, can he fire me?

    Comment by Jeannie721 (original poster) at 11:27 AM on Jun. 16, 2011