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FMLA for GCS/Vaginoplasty, STD, etc

Started by JessieBirdie, May 07, 2015, 09:38:50 AM

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JessieBirdie

So with my bottom surgery just around the corner in September, I really need to get around to letting my employer know ill be out for at least 6 weeks then (what mcginn recommends minimum).  I live and work in Connecticut, so yeah I know I'm technically legally protected, but I'm also not the only trans person in the office and I know several trans people in the office have been discreetly given **** for who they are.  Furthermore none of them have gotten this far in medical transition yet, thus, I want to tell HR as little as possible about my leave of absence.  I however don't know the first thing about fmla really, I told mcginn during the consult that I knew I'd be eligible given it is a benefit at the company I work for, but how do I go about applying while telling hr as little info as needed.  I want to get this over with already.

Also A: Can I/should I do FMLA if I get FFS later (we do get substantial vacation/sick/personal time benefits that I may be able to use for that 3 week or so recovery period tho then) and B: We have an STD plan; same question there really, how do I get coverage thru them telling them as little as possible (I believe they're NY based).
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ainsley

I live in MO and did STD for my BA last year.  Never told them exactly what I was having done, I just said I was having surgery.  The nurse said she needed a note from the Dr. stating I would be under his care from <date> to <date>.  FMLA would be similar, where the Dr. would fill out a form that HR sends you (again, because you are having surgery and need to recuperate) stating how long you need to be off.  Unfortunately you will need notes from the Dr. to get this done.  Some are slow filling the paperwork out, and some charge for each one (my oncologist charges $25 for FMLA paperwork, i. e.).

I talked with HR for my GCS this summer and am taking vacation for the time I am under Brassard's care, then having my Primary doc (she is so cool!!) write a note that I will be under her care for the following month.  So, that way I avoided having to ask Dr. Brassard for a Dr.s note for STD while in Montreal.

The bottom line is that you do not have to tell them exactly what you are having done, only that you will be recovering from a procedure and let the Dr.s note speak to the necessity of it.  At least that is how my company handles it, and what I believe HIPAA dictates.  They even told me that I do not have to tell my boss that I will be out on STD, HR will notify her of my absence (of course, I am up front with my boss and she is supportive, so I don't play that game with her, but I could. :)  )

Hope that helps a bit!
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iKate

From what I was told about FMLA if your employer really wants to be nosy they can challenge your justification for leave and demand a second opinion. The condition has to be a serious medical condition that incapacitates you from doing your job.

Now one can argue that gender dysphoria is such a condition but I'm no lawyer end I do not even play one on TV.

As you said though you're protected by the state. CT has strong protections so I doubt your employer wants to even go there.

Bear in mind as well that FMLA is unpaid leave.

Personally I am going to save my 21 days of vacation and use that. Probably see if I can also carry over days from the previous year and bundle it all together. One guy at work took his whole vacation allotment and spent almost a month back home in Pakistan so why can't I take off for SRS? My employer is going to know though. This way they are up front and any protections will kick in.
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teddybear_zach

You don't have to tell them what the surgery is for. based on your duties your doctor will confirm on the paper work that you can't perform them for a certain period of time. I just came back from leave I was out for 8 weeks. check with your employer. fmla can be combined with disability leave. my job offers up to 26 weeks paid leave and the fmla just guarantee job protection during the time off.
Started T: 10/25/2014
Name Change: 02/28/2015
Hysterectomy(uterus, ovaries/tubes): 04/02/2015
Top Surgery: 12/08/2015
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