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!

FMLA only protects your job. The leave is unpaid unless you have a paid leave program. So, even if it applies to this employer the OP wants to earn money. The employer is not saying that her job will not be available when her restrictions are lifted, just that until then she'll be working modified hours.

It is sad that they won't let you do parts of your co-workers' jobs while they are doing parts of yours, or that they won't work with you to modify your duties to avoid the restriction. You might check out the Americans with Disabilities Act and reasonable accommodations. I am not sure if it applies to a short-term thing, but if you can come up with a way to do your job without the lifting and present it as a temporary accommodation, they might go for it?

I know this is bad, but,,,,,I did not tell my employer I was having lapband. I know it is wrong, but they would have done the same thing to me. I did it when I had a three day off week and was back to work on the 4th day. I just watched what I was doing and did not lift anything to heavy. I also stand all day, so it was a lot of moving and it helped me heal and feel better. Good luck

Sorry to hear about your work sitch! Sounds like your work doesn't want to be liable if something happens nor your physician vice versa. I would take the p/t schedule for now, if you like your job, time goes fast, you may be better off with p/t work than having to be out of work and who knows how long it would take to find another job.

Sorry, wishing you the best of luck in your crumby situation. Hope it works out for the best!!!!

I have no advise, but I wanted to say that my surgeon required me to be out of work for 6 weeks- at the 6 week mark I could go back on light duty until I was 2 months out. Granted, I am an EMT and frequently team lift patients over 600lbs and more (I work for a covelecent company that specializes in bariatric services), but just a few days seems like such a short time in comparison to what I stayed out.

My company alowed me to work dispatch after my 6 week mark until I could go back to my full duties (I was lucky there).

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.

My insurance isn't through my job. Luckily.

And this isn't the first time they tried to cut my hours. The last time they tried I was there to stop them. I think my surgery was an excuse to cut my hours, then tell me over the phone.