Employment Law Questions? Ask an Employment Lawyer.
Hi and welcome to JA. Ray here to help you today.
The FMLA permits employees to take leave on an intermittent basis or to work a reduced schedule under certain circumstances. CFR Section 203)
Only the amount of leave actually taken while on intermittent/reduced schedule leave may be charged as FMLA leave. Employees may not be required to take more FMLA leave than necessary to address the circumstances that cause the need for leave. Employers may account for FMLA leave in the shortest period of time that their payroll systems use, provided it is one hour or less. (See CFR Section 825-205)
Employees needing intermittent/reduced schedule leave for foreseeable medical treatment must work with their employers to schedule the leave so as not to unduly disrupt the employer's operations, subject to the approval of the employee's health care provider. In such cases, the employer may transfer the employee temporarily to an alternative job with equivalent pay and benefits that accommodates recurring periods of leave better than the employee's regular job.
I would ask for 15-20 days off here to ensure you are completely healed.Employer here has a right to ask so as not to unduly disrupt their operations here.If you have doubts about when to return add some days here to protect yourself.
Thanks again for the chance to help today.Have a happy Easter and good luck with surgery.