What is the name of your state?I live in Michigan, I was injured at work and went immediately to the Emergency Department ( I work in a hospital) they put me off work until I could follow up with my family doctor. I saw him 3 days later on June 27th and he put me off work until after I had an MRI and a neurosurgeon consult. I had the MRI on July 5th and 2 Neuro surgeon consults on the 12th and 14th of July. During this time I was on workers comp, the after the neuro surgeons consults both concurrred that although my injury at work was a symptom my real injury happed over time and needed urgent surgery so I was switched to short term disability due to preexsisting condition and every thing was fine with surgery scheduled for August 10th.ve
Now I get home from surgery and I have a letter dated August 15thfrom my employer approving my FMLA (family medical leave act). It is back dated 6weeks to June27th. I do know back dating is illegal. Keep in mind I never submitted FMLA paperwork to my employer they approved it on their own stating it expires on Sept 19th. So according to FMLA my job is protected until september 19th.
Being in the healthcare business my employer knows that typical recovery from the surgery I had is 8-12 weeks I do belive that is why they back dated the FMLA. So it would expire before I was cleared to work.
Now I busted my butt in rehab and on Aug 30th I presented my employer I return to work with no restrictions slip. For September 15th.They said they would be in conact. A week later on Sept 6th I stopped in to ask when and whom I might be hearing from and they said they were having a staff meeting on the 7th and would let me know where I would be working. I got the call on the seventh and was told that they "made a mistake" and I should have not been approved for FMLA in the first place as I was about 100 hours shy of the required hours of work over the last year and that they would not be bringing me back.
In summary; I never requested FMLA and they approved 12 weeks of FMLA they never mentioned the "mistake" until after I submitted a return to work slip. They illegally back dated the FMLA.
Now I get home from surgery and I have a letter dated August 15thfrom my employer approving my FMLA (family medical leave act). It is back dated 6weeks to June27th. I do know back dating is illegal. Keep in mind I never submitted FMLA paperwork to my employer they approved it on their own stating it expires on Sept 19th. So according to FMLA my job is protected until september 19th.
Being in the healthcare business my employer knows that typical recovery from the surgery I had is 8-12 weeks I do belive that is why they back dated the FMLA. So it would expire before I was cleared to work.
Now I busted my butt in rehab and on Aug 30th I presented my employer I return to work with no restrictions slip. For September 15th.They said they would be in conact. A week later on Sept 6th I stopped in to ask when and whom I might be hearing from and they said they were having a staff meeting on the 7th and would let me know where I would be working. I got the call on the seventh and was told that they "made a mistake" and I should have not been approved for FMLA in the first place as I was about 100 hours shy of the required hours of work over the last year and that they would not be bringing me back.
In summary; I never requested FMLA and they approved 12 weeks of FMLA they never mentioned the "mistake" until after I submitted a return to work slip. They illegally back dated the FMLA.