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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110427
Experience:  20+ Years of Employment Law Experience
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1. I got off work at 1300 went to doctor. I was given doctors

Customer Question

1. I got off work at 1300 went to doctor. I was given doctors note to be off from tomorrow till mid month. I called hr she had not gotten dr fax. called supervisor she got upset. asked if I could clean up desk and come in.. she responded I had a impt apt tomorrow call imed supervisor who was on vacation and help with apt. she gave me permission to go in. Got there she was lowdly talking on phone about me and said who could I work if I was going on med leave. I called other sup while she was on phone. gave sup info about apt. straightened up desk picked up some paperwork put in coworkers box did not clock in went home. talked to personell she put on hold a long time confirmed that she had gotten my paper--this is required. then she asked if I was off for inpatient or outpatient.. I said outpatient. Could I be wrong on flma because I was in office even though approved. will I still be able to keep my leave have my job when I get back
Submitted: 5 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The employer cannot force an employee to return from APPROVED FMLA. You are entitled to the 12 weeks and if they approved that leave, then the supervisor cannot harass you about returning even if you went in to quickly assist the employer. You should be able to keep your leave, even if you went in for that temporary issue and if they try to interfere with that leave or harass you, that is a violation of FMLA and all FMLA violations are investigated and handled by the US Department of Labor, so that is where you file your complaint if they do not allow your FMLA leave you had approved.

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