I am going to be having surgery in about 2 weeks (on my shoulder) I've filed FMLA paperwork and even though my doctor has stated I can return to work in 2 weeks on light duty, my employer said no I must stay off the whole 8 weeks (of course with no pay) until can return without restrictions. Then yesterday, she called me in and said go home and don't come back until after the surgery (thus putting me without pay for 2 additional weeks) I was performing my duties properly and wonder is this legal for her to do this to me?
1 Answer from Attorneys
Did your employer force you to go home even before the surgery? Was there any reason given for this? Depending on the situation, this could be interference with your taking FMLA leave or retaliation against you for taking your FMLA leave, which could violate the FMLA and entitle you to some damages. Without knowing all the specifics I cannot counsel you on this over the internet or provide you with a for sure answer or legal advice. You should speak with an attorney in your area immediately about this to determine what you can do legally, and to discuss what the practical impact of that could be on your job. This may be worth contacting an attorney about your options.
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