Two weeks notice/then FMLA question

jennikatz

An employee had surgery at the end of May and was on FMLA for two weeks prior. She came back on regular duty to the lab in which she had her procedure take place. She put her two weeks notice in on a Friday. Consequently, her doctor put her back on FMLA the following Tuesday because the basic duties of her job were aggravating the surgical site. Actually, he told her she could do light duty, but the hospital said there is no light duty and said she had to be off. We are now finding out that "sick leave" negates a two week notice. The hospital is now saying she must work the days she is out on "sick leave" which will run into the starting date of her new employer. If she does not comply, the hospital will make her a no-rehire. Does FMLA not protect an employee from this? Being put back on FMLA was not something she could have forseen. We are just needing some advice. Thanks.