Time off from job for surgery

[averagejoe1]

Hi everyone!
I created an account here because I could not find answers to what I am asking any where else, so I hope somebody here might be able to help out.

I am going to be getting a hysto within a few months and I recently got hired at a new job (my second workplace). I was hired at my first workplace when I first started to transition (before any legal name change and had only been on T for several weeks), and they were extremely accommodating (gave me a name tag with a different name, allowed me to take a month and a half off for my top surgery, ect). When I told my manager that I needed six weeks off for surgery he did not inquire about the details of the surgery, just a doctor's note that stated I needed to be out of work for that period of time.
My concern now is that at this new job when I tell my boss I will be having surgery and need time off he will inquire what medical issues I have, and because they do not know that I am transgender, they would probably assume that it was some kind of physical issue, such as the removal of my gal bladder, or appendix removal.. I will provide them with a doctor's note that will just say "out of work for ____ weeks," but I'm afraid of getting fired for needing time out of work, especially only after I've been there for a few months. I've looked at the Family Medical Leave Act, which protects workers from being fired after needing time off for medical issues; however, it does not list elective surgeries (it's not elective in my mind, but by medical definition it is because there are no issues with those parts).
So I suppose what I am asking is:
What am I do tell my boss when I approach him saying, "I will be getting surgery on ___ date and will need to take some time off," if he asks what medical problems I have? Is it acceptable to just tell him that it is a rather personal subject and I wouldn't like to talk about it, but will provide documentation proving I need time out of work?
And, can they fire me because I'm a new employee and need so much time off? (my doctor told me anywhere from 6 to 8 weeks if typical)
Thank you for reading and replying. Have a wonderful day!

[Dena]

Welcome to Susan's Place. If you are in an at will state, it's anybody's guess what will happen. Another complication is if you use the companies insurance policy, they will be aware of the nature of the surgery so coming clean might be a good idea. Most companies have a policy manual that may include their policies on LGBT and that may tell you how accepting the company is. If they are accepting, you have little to lose by coming out only to the personal office.

A possible compromise if you have in sufficient vacation/medical leave would be to explain that you will take the time off without pay. At this point you need to be flexible and learn how far the company can or is willing to go and then play it by ear.

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[ainsley]

The exact medical issue is protected under HIPAA and you do not have to disclose that to him, nor is he supposed to ask it.  FMLA does not stipulate whether the issue is elective or not, just that when you have a medical issue (like recovering from surgery) that prevents you from working, your job is protected for 12 weeks (FMLA does not provide for pay), I believe is the length.  However, that 12 weeks is within a calendar year, and you have to be on the job so long fr that to be effective for you and your position.  Talk to your human resources and let them know you are having a procedure that will require a recovery time.  IF that HR is just your boss, that is all you have to say.  If he inquires more, tell him the procedure is not the issue, it is the recovery time that he needs to worry about.

[Jacqueline]

Hi Joe,

Welcome to the site.

Is it possible you had an account here before? It is against the site's policies to have two active accounts. If you could just let me know in this thread.

Thanks so much,

Joanna

[averagejoe1]

ainsley, and Dena, thank you so much for your replies! I really appreciate them! I do not have company insurance, I have medicaid and my state's governor passed a bill a few years ago that requires all insurances to cover gender transition surgeries and hormones. I will try to talk to my human resources director about medical leave in a few weeks. I don't want to seem like a troublesome employee right off the bat.
Thank you for the links, Dena; i was wondering how i could get an avatar lol.
Joanna50, I haven't had an account before; I've come across the site a few times from transgender related google searches, but this time around I couldn't find any answers to this question. Thank you all again! Have a wonderful day!

[Brooke]

I believe that FMLA requires one year of employment (at a given company) to be  applicable

"FMLA eligibility requires the following criteria: The employee must have been employed with the company for 12 months. The employee must have worked at least 1,250 hours during the 12 months prior to the start of FMLA leave. The employer is one who employs 50 or more employees within a 75-mile radius of the worksite."

I would definitely look at their LGBT policies as well as any vacation, sick pay or unpaid time off policies.

Good luck!


~Brooke~