Workplace advice

I agree,  I just feel that if they already discussed it and it was already pre-planned and agreed upon, the employer "deciding"  it wasn't covered while she was already out and then using her personal sick timewithout talking to her about it,  is not right. Something is wrong there. 

Bariatric surgery is covered under FMLA.  If you have field the paperwork for it this counts.  You have to get the paperwork filled out, though. It is absolutely medical leave.  Always get the paperwork done even if you do not need it.  It is important to know that medical leave does use PTO time up typically, however, which is a federal thing.  Your employer can require PTO and paid time gets used first at their discretion.  If you want to take unpaid leave you may not be able to depending on your employment policy.  So I guess you need to check what "medical leave" is for the company.

Also, consider talking to your doctors about doing FMLA paperwork for you post-op.  It may not be paid, but you'd sure still get time off if there are complications and/or something comes up!  I have done that and I get 4 days of FMLA a month to use at my discretion.  It's tremendously helpful to know I can use it if I need it. 

https://www.dol.gov/whd/fmla/

I'm sorry work is being difficult.  I NEVER take HR's word on anything wherever I've worked.  I always use policy especially after seeing how pregnant women are treated, never mind bariatric patients.

I used PTO time and took a week or so off and then immediately back to work.  I had 160 hours banked at the time and desperately needed to use some, though!

My husband took sick time for my surgery- 5 days and was told by HR that it was covered under FMLA.  He even had to provide a note from my doctor prior to his leave.  Then, in June he was supposed to get a 1 year raise but, because his 5 days put him over the 20 day limit for his first year of work, his probationary period was extended for a month, postponing his raise.  Apparently, he doesn't qualify for FMLA until after a year on his job, but the HR gave him wrong information.  He tried to fight it, but lost because he didn't get union representation until the 1 year mark as well and they dont cover things that happened before that.  Ultimately, we had to bite the bullet- a costly case of misinformation- not for HR, of course, but for us.  Whatever the case may be, get it in writing and have it signed and dated by the HR director.  

Ok, so I am a cancer patient and went through more than a dozen major surgeries in the last couple of years. A surgery is by definition not considered elective if your insurance convers it, unless of course you have the most awesome insurance on the planet that covers elective procedures. Hence, I think it might be in the way you approach this- use the phrase "medically necessary", not self-pay, not elective. If you were a self-pay that might be a little harder, but I would think a letter from your doc's office would take care of it. That is a pile of bull**** not allowing you to use sick time for that. 

In my case at work, if my insurance covered it there was no questions asked... and since parts of my issues did involve reconstructive surgery (plastic surgery) that became important to distinquish at work. Get a note from your doc for work documenting the time off as medical as well- but don't just give up! 

So, how else were you expecting to get paid while you were home recovering?  

If you had that much sick time, then you could challenge that.  That's the only thing I think you might push back with.

FMLA secures your job, but requires nothing of the employer to pay you.  Short term disability usually requires two weeks off or more before it kicks in.

I don't think your company can legally ask what surgery you had. I told my company I was having surgery and applied for FMLA. No one asked me what the surgery was and I didn't offer it.

Also, how do they classify elective vs. medically necessary? Unless it's life or death, you can make an argument that all surgery is elective. Also, if your insurance company approved the surgery then by nature they have deemed it medically necessary. This doesn't add up.

I would check into this as I suspect you may have rights that were not adhered to. Do some research online to find out what's legal vs. not and then go talk to your HR department with information in hand.

Good luck!