Need Surgery but Don't Qualify for FMLA

FMLA does not apply to companies with fewer than 50 employees. http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

I would suggest getting a letter from your doctor describing your need for surgery and needed recovery time. I would bring the letter and have a private talk with your plant manager about what the best timing would be, what you can do to make this easiest for them, etc. Remind your manager of your 12 years of service and your commitment to staying more years after you get this medical issue resolved.

In the end, though. They can legally terminate you for any, or no, reason. Sorry.

Wouldn't you be covered by some type of short term disability?

If I understand FMLA correctly, you can still take leave from your job for a medical necessity, your employer just doesn't have to pay you for your time off (if they have less than 50 employees).

I found this on the form you must fill out to take FMLA:

You must be reinstated to the same or an equivalent job with the same pay, benefits, and terms and conditions of employment on your return from FMLA-protected leave. (If your leave extends beyond the end of your FMLA entitlement, you do not have return rights under FMLA.)

Here is the website for the form and it explains things pretty well.
http://www.dol.gov/whd/forms/WH-381.pdf and just on the www.dol.gov site itself.

Your employer cannot fire you for taking time off if you are sick.

Good luck and I hope this helps.

FMLA is available to anyone in the workforce and you can not be denied this based on the size of your company. If you have a medical issue that needs to be addressed soon, contact the HR dept or your supervisor, get a note or information from your physician stating when & why this procedure is required. You can not loose your position within the company for having a required medication need taken care of. There are certain criteria that must be met, such as the amount of time off that can be taken. Search FMLA on the internet or contact your local Dept of Labor for additional information.

I would contact a lawyer maybe. See if they can give you any insight or help.

Otherwise I'd go to the owner of the company or GM or whoever is over your manager armed with a doctor's note and that might be the best you can do.

Good luck! FLMA was set up for this but screws over us who work for little companies. They need their employees so much that we are going to be fired so they can hire someone else to be in our position. Just sucks. Always sucks to be the little guy. :(