fmla leave

[mcedillo]

I had 2 surgeries july 30 covered and caused by work. I am still not released from thhe doctors care or o therapy for pain treatment and strength training but he did release me to work. he did state i might not be strong enoughh yet for some tasks. The pain still bothers me and on my meds i cannot physically preform my job.I called in fmla which i hhave done before and thhis time they suspended me.Am i still covered by fmla as long as thhe doctor hasn't released me from his care.

 

[cbg]

Not in the way you mean. FMLA allows you with up to 12 weeks of protected leave per 12 month period. Not 12 weeks per occurance, 12 weeks period. Your post suggests that there was a previous period of FMLA. If that and the time between July 30 and now comes to 12 weeks, then your employer is legally entitled to suspend or even terminate you. On week 13, day 1, you have no further job protection no matter how legitimate the need for additional leave and no matter how many doctors you are seeing.

On the other hand, if you have taken less than 12 weeks of FMLA in 12 months and you are still not medically cleared to return to work, then your employer may not legally discipline you for an absence that is related to the FMLA-protected condition.

On second reading, I think I see an additional issue. You don't get to just call the employer and say, Hi, I"m seeing a doctor for such and such a condition and I'm taking FMLA, goodbye. Your doctor has to certify the medical condition. If your doctor has released you to work, then you have to supply new medical paperwork from your doctor; you can't just call and announce that you are now on FMLA.

 

[cbg]

testing one two three

 

[Duranie]

no I don't think so. FMLA maxes out at 90 days per year, if you have used it up they are allowed to suspend or terminate you.