Medical leave

[alleeexxaa]

I was hospitalized for a week, and was then out of work for a month do to rehabilitation from being hospitalized. I provided my manager with the proper documentation from the doctor's excusing me of my absence. Is it in any way wrongful of him to not return me to the schedule after my absence, even with the correct excuses?What is the name of your state (only U.S. law)?

 

[HomeGuru]

I was hospitalized for a week, and was then out of work for a month do to rehabilitation from being hospitalized. I provided my manager with the proper documentation from the doctor's excusing me of my absence. Is it in any way wrongful of him to not return me to the schedule after my absence, even with the correct excuses?What is the name of your state (only U.S. law)?

**A: what is a correct excuse?

 

[alleeexxaa]

Yes signed by the doctors & everything. Giving me a month off work, completey excused.

 

[Antigone*]

Yes signed by the doctors & everything. Giving me a month off work, completey excused.

I am sure CBG or Patty will correct me if I am wrong, but my understanding is that your job may be protected, but you are not guaranteed the same exact schedule.

 

[pattytx]

Depends on whether or not FMLA is involved, or should have been.

1. How many employees does this employer have at your job location or within a 75-mile radius?
2. Had you been employed there at least one year at the time you went out?
3. Did you work at least 1,250 hours in the 12 months immediately preceding your absence?

If the answer to ALL of these questions are "yes", then FMLA probably should have been invoked.

 

[cbg]

If FMLA was involved, then the employee had to be returned to work, and to either the same job or one that was in all ways equivalent.

If FMLA was not involved, then the employee does not have to be returned to work at all, let alone to the same schedule.

A doctor's note has no force in law except under FMLA. The answers to Patty's questions will determine if FMLA was involved.

 

[Zigner]

I was hospitalized for a week, and was then out of work for a month do to rehabilitation from being hospitalized. I provided my manager with the proper documentation from the doctor's excusing me of my absence. Is it in any way wrongful of him to not return me to the schedule after my absence, even with the correct excuses?What is the name of your state (only U.S. law)?

This site is for US Law Only.