can my employer fire me for taking time off for surgery?

Question
I am getting a facelift in May .,I have 2 good part time jobs, 1 of them I wont have any trouble taking 2 mos. off(I want to make sure I am healed).The other one I am not so sure about...what are my legal rights in Calif.,can I be fired for taking 2 mos off for plastic surgery? Should I get a drs note and say its a private medical matter?Please help,I love my job and dont want to get canned......


Answer
Wow,,,sticky situation! Unfortunately, I think nearly all states in the US are a "fire at will" states. Meaning they can fire you for whatever reason they want to, UNLESS you can prove discrimination. I mean, they could fire you and say the reason was they didn't need you anymore, poor work performance, lack of work, etc. Your word against theirs. You get the picture.
It happened to me in the past (looong story) I had no recourse. No surgery involved, it was medical issues.
Have you already told them you are having PS? If not, maybe you could tell them that you really need 2 months (maybe less) for a personal/family reasons, and would they please consider it. And that you would be back as soon as possible.
Maybe if you healed faster, and were ready to go back, it could be sooner.
Hopefully someone else will come along here with more/better advice than mine.


Answer
Why not just be honest and tell your employer that you have a need to take off for the months of May and June to take care of some personal issues. If you are pressed for a reason you could say it is medical, female issues. That really is the truth isn't it? Giving lots of advance notice so an employer can be prepared to cover your work load is a much better shot at gaining approval. You'll feel better too. Sometimes what we worry about is far worse than reality. Good luck.


Answer
thanks. I live in Calif., I called disability this morning and they actually told me I could collect disability while out of work having plastic surgery and that my employer wouldnt know what the "specific medical reason was"I Just need a dr to sign the form., they allow a specific amount of time off for plastic surgery so even if I will try to get a drs note to give to employer....has anyone collected disability while out on plastic surgery leave? I was surprised the lady at disability said you could file,it was a legit claim....


Answer
When you say you called disability this morning, who and where were you referring to?
I can understand they would give you time off to do this, but I have to admit I'm confused about them saying you can actually collect benefits?
If this was the place where you work's office, and they told you that, you are fortunate to work for such a place! Be sure and hang on to that job! Is it a state or federal job?
Many work places won't even pay you while you are out of work for surgery of any kind, unless you are salaried. At least that's the way it is sometimes in our podunk town.


Answer
No, Its calif state disability,like when you are pregnant or unable to work you can collect disability,anybody who has paid into it can collect,They take your highest quarter earnings and use that, I think last time I collected I got 1600 pr mo,and you pay no income taxes on it. It has nothing to do with my job letting me do it or collect, they have nothing to say about it. You file,wait a week I think and then your dr fills out the disability form telling them why u are disabled and sends it to the state of ca. State disability needs to know why you are out,but your job will never be told the reason.
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