This is a 2 part question:
I am going on disablilty early due to 100+ hour work weeks, but then also want to get my tubes tied at 5 weeks after baby and am told I will need to be off work for another 3 weeks. Is the surgury time off of 3 weeks counted as fmla weeks or not? If the first 3 weeks I have to use my sick & vacation time are they counted as fmla?

I plan to return to work, but only to work long enough to not have to pay back any medical premiums? Any idea if in Arizona you have to give 2 weeks notice, one full pay cycle (also 2 weeks) or ??

I'm full time, salaried, with disability insurance and a company big enough for fmla. Good company too bad I just can't stand working 100+ hours a week with 3 children.
Thanks

You have to return for at least 30 days; if you do not, the employer can opt to charge you the premiums for all they paid on your behalf while you were on unpaid FMLA leave.

Having your tubes tied is elective surgery and, although I understand this is the best time to do it, I'm not positive this would qualify as FMLA. How much time do you expect to take in total, prenatal care, birth and recovery?

I'd ideally like to take 16 weeks (the earlier the better, these 18 hour days are really getting to me), but am sure that they would be open to some part time work out of me, I plan on discussing with my new boss in the next week or two. I'm hoping to take leave starting anywhere from mid Jan to mid Feb.

If I dropped down to part time/limited work, that could possibly count against my fmla right?

Do the 2-3 weeks I will be required to take of my vacation and sick days count towards the fmla 12 weeks?

Thanks for your quick response.

Even if the elective surgery would be an FMLA-qualifying absence, FMLA only requires your job be held for 12 weeks of absences. Past that, the employer is not required to protect your job. And yes, paid vacation/sick is income replacement; FMLA is, by its nature, unpaid leave so they can (and in most companies, do) run concurrently.

However, if you have your elective surgery during the 12 weeks of FMLA leave for the birth of your child, then you would not have any issue. If your elective surgery would extend your time away from work beyond 12 weeks, then you may have some issues as you would be failing to return after leave.

Fnord, this thread is from November. Not only is it unlikely that the poster is still coming back looking for answers, the likelihood is that the surgery is over and the situation has resolved itself by now. Please check the dates before you post.