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Diagnosed with brain tumor Arizona

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  • Diagnosed with brain tumor Arizona

    I work in AZ (not giving organization), recently I was diagnosed with a brain tumor. I will shortly have surgery to have it removed. I'm concerned because my bosses, since I told them, have told me that I have to write a statement stating the date of the surgery and when I will be off for recovery. I have already had the surgeon's office fax them proof that I am scheduled for surgery, have already given them a copy of the initial MRI results showing the diagnosis. Since then, I have had to take off several days for neurology appointments. This tumor is causing petit mal seizures which require medication that makes me tired and unable to concentrate lately. I had to take off one day because the seizures made me so sick that I couldn't function. These seizures occurred on my way to work and they said that since I didn't call in 2 hours before my shift, I couldn't get paid for that day and I couldn't take any sick time in order to get paid.
    That doesn't sound legal. I don't know what else to do. They are mad because I want to take the day before the surgery off so that I can spend that time with my family--I also have to take off 2 days before the surgery for pre op mri, paperwork, etc at the hospital. My direct supervisor said that it is short notice, but I just found out when the surgery would be yesterday!
    What can I do?

  • #2
    Your boss is a jerk, but you do not have a right under the law to be paid for a day off to spend time with your family before surgery, even if you are also having pre-op stuff done that day.

    But just to be clear, how much time have you missed up to now, how many sick days do you get per year, and are you exempt or non-exempt?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      I am not trying to get paid for the days I didn't work. He told me that I don't get paid for the day that I missed due to illness because I didn't call him 2 hours before my shift. All of that occured BEFORE I told him my surgery date. I am hourly and I was told by HR that I get 140 hours sick time a year. I have been there for 18 months and on the last paycheck it listed 176 hours of sick time and 24 hours of vacation (I've taken 2 days the entire tenure with them). When I approached HR today, she said that the hours were in error and that I only have 56 hours of sick time and 24 hours of vacation.


      • #4
        If you are hourly non-exempt, you have to be paid for all actual hours worked only.

        Do you qualify for FMLA?
        Have you worked for your employer for at least 12 months? (seems you were there 18 months so that's ok)
        Have you worked at least 1250 hrs. for your employer in the past 12 months?
        Does your employer have 50 or more employees within a 75-mile radius?

        Please verify how much time you have taken off already for your illness.

        Last edited by Betty3; 05-06-2008, 10:00 PM.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


        • #5
          Not to be unsympathetic about your situation but look at it from the other perspective. You are going to be off for several weeks. There is probably a lot of work to tie up before you go and coordination with the person who will be doing your job. Your extra day off to spend with your family is one less day you will be there and one less productive day. That may be a strain on the employer.

          I know you are saying you arent asking to be paid, but its not always a matter of pay.

          Good luck on your surgery.
          I find that the harder I work, the more luck I seem to have.
          Thomas Jefferson


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