I was called by my job a few minutes ago. They told me that when I return to work on Monday, "since they're worried about me over doing it", I can only work about 3 to 4 hours a day. Is this even legal?

I work for a small company (less than 20 employees) and while I was gone, they were having a couple girls do a couple of my responsibilities because the business obviously couldn't shut down just because I was getting banded. So they decided for those girls to keep doing that part of my job, and me to come in only a couple hours a day to do the part I didn't show them.

I'll give them this, I know my job description says I have to be able to lift 50 pounds (which I can't do until a month post op). But I can get on the floor and unpack the boxes without lift above 15 pounds (which is my limit). What in the world?

What can I do? I can't afford to only work part time!

If your doctor didn't release you to be able to do your "full-time" job, there may not be much you can do about it. Hopefully, the people doing your job while you're recovering don't push to take it from you full time. Good luck!

z

Your employer is not required to accommodate your restrictions. They don't have to let you return at all until the restrictions are lifted. However, you are entitled to up to twelve weeks of FMLA. They don't have to pay you for that time but they are required to let you use any available sick or vacation time.

That's the thing. I can either not go back to work and make no money or work 3 hours a day and make too little of money. This is horrible. Why didn't they tell me this before I left. They knew about the surgery back in May! If I had known this I would have either accommodated for it or I wouldn't have had surgery. Simple as that.

I work two jobs because I have to, not because I love it. They know this, and still have waited until 4 days before I return to tell me that I will be less than part time.

The other option is to call your doctor and ask him to release you with no restrictions. Tell him the situation and promise to restrict yourself and be careful. With no restrictions, your company will have to let you return to your full time responsibilities.

I feel like my surgeon won't sign off on me being able to lift up to 50 pounds.

Would't that make him liable if something were to go wrong?

z

My surgeon won't sign anything that isn't truthful. I wouldn't expect him to.

z

Yeah but surgeon would have to sign off on me lifting 50 pound boxes. He won't do that. I guess I'll be searching for a new job. This isn't the only time they've screwed me over.

Sorry but a small employer doesn't fall under FMLA so there probably isn't anything at all that you can do.

Look into temporary disability to try and cover the difference. My doctor's group says that they will fill out disability forms for immediately after surgery. But then future forms you need to be evaluated for appropriateness.

I can file for partial unemployment. But I'm sure that my job will fight it.

You had surgery, you are now considered a risk... Bottom Line... As far as FMLA your company is to small to fall under their guidelines.

Your surgeon is not going to release you to lift that kind of weight. He won't want to repair a HERNIA on you, and you would not like it trust me !

If you find another job (GOOD LUCK) You will have to hope they have Ins., and if they do,,,,, you'll need to see how long before it;s available to you.

Your better off asking your surgeon how long before he releases you from restriction Wait on the matter, and take it on the chin for now.

You can always go somewhere else for a second part time job, just don't go against what he says ! He knows whats best for you.