I had surgery on 3/5, requested 2 weeks off of work but since my surgeon put in the papers 2-4 weeks, HR automatically gave me 4 weeks, just to be on the safe side. Now my supervisor is "expecting" me to return to work this Thursday(2 weeks + 2 days). I don't want to take the 4 weeks but don't feel ready to return this week.

My question is can I get in trouble for not returning to work this week? And if I feel better before the 4 weeks will I need a clearance from my surgeon?

Thanks

Does your company and position qualify for fmla?

Only eligible employees are entitled to take FMLA leave. An eligible employee is one who:

• Works for a covered employer; • Has worked for the employer for at least 12 months; • Has at least 1,250 hours of service for the employer during the 12 month period immediately

preceding the leave*; and • Works at a location where the employer has at least 50 employees within 75 miles.

if so - FMLA is 12 weeks of leave -

the company CAN ONLY decide if its hourly or daily - otherwise, once approved for FMLA - meaning that you submitted the paperwork and HR approved it - your GOOD TO GO

For what it’s worth - this is what I did for 15 yrs - I AM an expert in everything HR and FMLA

I worked or one company where someone (a personal friend) whose Dad was ill - could take it in 5 minute increments - I know that sounds crazy - but some mornings she was delayed getting him to the senior center and that 5 minute (10, 20 etc) saved her hide. Employees and Employers alike do not understand FMLA and many many many managers think it’s their right to tell you when you come back - ONLY the Dr tells you when your released to work - and if your doctor says you need another week or 2 or 4 (not to exceed 12) you are not going to loose your job - you can go after the company if your manager takes action against you.

Good luck - your HR person should be your advocate - I hope he or she helps you navigate this tricky time.

Does your company and position qualify for fmla?

Only eligible employees are entitled to take FMLA leave. An eligible employee is one who:

• Works for a covered employer; • Has worked for the employer for at least 12 months; • Has at least 1' date='250 hours of service for the employer during the 12 month period immediately

preceding the leave*; and • Works at a location where the employer has at least 50 employees within 75 miles.

if so - FMLA is 12 weeks of leave -

the company CAN ONLY decide if its hourly or daily - otherwise, once approved for FMLA - meaning that you submitted the paperwork and HR approved it - your GOOD TO GO

For what it’s worth - this is what I did for 15 yrs - I AM an expert in everything HR and FMLA[/quote']

Yes I qualify for FMLA. HR approved and signed for 4 weeks, but I thought I would be ok to return in 2 weeks and that's why my supervisor is under the impression I will return this Thursday.

I would contact HR to clarify when you are REQUIRED to return. CYA better to be safe than sorry.

(Follow up everything in writing...Keep for your records) If your supervisor is wrong let HR talk with her

Just read the copy of my FMLA paper from HR and it says this:

"has been approved for leave under FMLA from 03/05/2013 – 04/02/2013 with an expected return to work date of 04/03/2013, unless cleared by their Health Care Provider to return to work sooner.

Upon return to work, the employee must provide a Return to Work note."

So I am not required to go to work this Thursday the 21st as my supervisor is expecting?

Thank u everyone!

As a courtesy I would communicate the return date to your immediate supervisor! If she has questions, issues or comments then refer her to the HR officer and report any inappropriate comments, as well. It is the only way someone learns if they are not smart enough to read up on the policies and guidelines. Good luck

Surgery 2/14-217 , CW 198 GW 140

I would do exactly what ARMYWife above said.... speak to your supervisor directly so there are no misunderstandings. You want to remain on good terms with your supervisor but you also want to tell her that YOU & YOUR DOCTOR feel that you are not ready to come back to work yet. Your "tentative" return date is 4 wks and you plan on returning then but you will have to get that clearance from your surgeon. Things can get out of hand if someone does not understand like your supervisor....call and clear the air, you will be respected for it. good luck and feel better.

Agreed. I am also a 20 year HR veteran. :-)

When hr approved the time it was tentative and requires a return to work note - don't sweat the small stuff - your Dr simply won't release you yet... It's very common - Fmla is, in your case, for the initial "procedure" - if you were now having something else done not related then you'd be in violation but honestly in my professional opinion - your good on this - lemme know what happens - will be thinking about you