Can HR lie to get me off of FML

I was currently on FML, and I was supposed to remain on it until the 23rd of March. HR told me that my boss would not approve this so I return to work on the 2nd of March. Today (3rd) I found out that HR told my boss that I wanted to return to work because I was "stir crazy" so my boss said it would be fine. Can HR legal get away with this. I am not fully healed, and my Dr. was not ok with me returning to work. Additionally, I was only allowed to return to work if I was provided an ergonomical chair, which, unfortunately was not there, or even ordered yet. So now I am back working from home until they get me a chair (the chair mishap was also perpetrated by HR).

1 answer  |  asked Mar 3, 2020 5:19 PM [EST]  |  applies to Illinois

Answers (1)

Neil Klingshirn
It sounds like Human Resource lied to you and your boss to get you to return to work early, over your Dr.'s objections. If true, that could constitute interference with your FMLA rights. You should contact an Illinois employment lawyer to evaluate the value of this potential claim.

The good news is, now that you know you discovered HR's duplicity, you can return to your leave. You have the right to take all of your leave as a matter of federal law. You don't need HR's permission, or your boss's permission, to take FMLA leave. As long as you qualify for it, have enough leave in the bank and follow your company's call off procedures, you are entitled to take it.

posted by Neil Klingshirn  |  Mar 4, 2020 08:30 AM [EST]

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