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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11272
Experience:  Significant experience in all areas of employment law.
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My doctor provided a return to work letter citing I would be

Customer Question

My doctor provided a return to work letter citing I would be off work for a total of six days due to PTSD. My employer, on the same day of receiving this letter, stated that it was not enough information just saying PTSD to allow me this time off. The employer said any time after 5 days would fall under FMLA. I still took this sick time off per my doctor's recommendation and finally received the FMLA paperwork from the employer on the day before my scheduled return to work. However, the employer correspondence stated also that was being placed on an "administrative leave" to run concurrent with my FMLA. Can they do this? It seems like they want to have the right not to employ me anymore but they know that they cannot take these same type of actions if I am out due to FMLA?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 9 months ago.

Hello and thank you for entrusting me to assist you. I am very sorry to hear about your PTSD and the problems you are facing with your employer.

As for your question, there is no legal significance in them calling it "administrative leave." They can call your absence from work whatever they want, they just cannot take adverse employment action against you because you took FMLA leave (i.e. they can't fire you in retaliation for it).

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.