Is it legal for a boss to ask you to return to work full time even if your surgeon says no?
1 answer | asked Sep 27, 2015 08:37 AM [EST] | applies to Tennessee
Answers (1)
It depends on the nature of your leave. If the leave is pursuant to the Family and Medical Leave Act (FMLA), then you don't have to return to work. Similarly, if the leave is pursuant to a worker's compensation (WC) leave, then you do not have to return early.
The employer can always ask the question, the issue is with what you need to do in response and the consequences of your decision. If the leave is unprotected, then the employer can take an adverse action against you for not returning early. However, if the leave is protected (by either FMLA or WC), then it is illegal for the employer to take an adverse action against you for not returning early.
posted by James Becker, Jr. | Oct 1, 2015 06:24 AM [EST]
The employer can always ask the question, the issue is with what you need to do in response and the consequences of your decision. If the leave is unprotected, then the employer can take an adverse action against you for not returning early. However, if the leave is protected (by either FMLA or WC), then it is illegal for the employer to take an adverse action against you for not returning early.
posted by James Becker, Jr. | Oct 1, 2015 06:24 AM [EST]
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