Can your employer revoke your ability to travel when using FMLA for an off the job injury?

I will be requiring knee surgery for an off the job injury. I will be using FMLA to get the time off I need for recovery. My employer states that not only can I not return to work until fully healed but I can not travel away from home either. Is this even legal?

1 answer  |  asked Jun 6, 2010 2:18 PM [EST]  |  applies to Ohio

Answers (1)

Neil Rubin
This message is not meant to: 1) contain my signature; 2) contain legal advice; 3) create an attorney/client relationship; or 4) guarantee confidentiality.

Your doctor is the person who can advise you about your ability to travel when on FMLA. If he allows you to travel even though you have a "serious medical condition" (this is the standard that your doctor must certify in the paperwork) your employer does not have the power to limit your behavior while on leave.

Also, it is not your employer's call when you are able to return. The doctor will certify when you can again do all of your job duties.

I would recommend a letter from the doctor advising your employer about your abilities to travel and return. At least you will have an informed third party that can advocate for you. But beware and keep good notes as to how your supervisers treat you when you return because I can see some retaliation coming your way.

posted by Neil Rubin  |  Jun 6, 2010 3:25 PM [EST]

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