Expert: Thomas R. Ballas - 10/30/2009

Question
I was recently out for minor surgery for 3 weeks under FMLA. Surgery was on Wed 10/21. MD said I could return on 10/22. He failed to fill out return to work papers in time. He faxed them 3 days later and leave office would not allow me to work until they recd them. My manager is now threatening my job stating I waited and didnt return to work in time. I was following what HR told me I had to do and had no control over when they allowed me to return. What are my rights?

Answer
Gena:

FMLA allows you to be out for a medical problem provided you properly and timely fill out all documentation.  Typically you have 15 days to provide the information.

Regarding your return, most companies require a release from your doctor before you are allowed to return.  If your doctor was late providing this release, it does not surprise me that HR would not allow you to return.  Sounds like you need to get the HR folks and your supervisor on the phone to straighten this out.  

FMLA says they must protect the position, so I think they will have to be reasonable.

Tom Ballas