Getting back to work

Maggie A · October 2003

We have an employee in our Accounting Dept. that requested six weeks leave to have mutlitple surgeries. One was a lumbar/spine/neck surgery and one was for carpel tunnel (not a Workers Comp claim). She had the surgeries one month ago today and wants to come back to work because she is "bored at home". Her Doctor faxed us a release to "light duty", but I am very concerned about her carpel tunnel surgery and the fact that she works on her keyboard and mouse 90% of the time. Are we obligated to bring her back? or can I wait until she has a full release from her Doctor? She is salaried, but can I pay her for a partial day if she initially returns on a part time basis? By the way, this is not FMLA leave.
Thanks,
Maggie A.

mwild31 · October 2003

Hi Maggie - I'm unclear - how is this not FMLA? Is it size of your company?

Sunny · October 2003

I would be very careful before allowing this employee to return to work on "light duty." First, I would make her have her doctor define what he means by light duty - in other words obtain a list of her restrictions: hours worked, number of pounds lifted, use of left hand - you need to know exactly what she can or can't do before you can make a decision. You state this is not work comp - but it can become work comp very easily if she aggravates her injury or reinjures herself at work. As to whether or not you are "obligated" this depends on your policy and past practice. If you have neither, then whatever you do now will become become your policy so think carefully.

Maggie A · October 2003

I faxed her Doctor a note listing the essential functions of her job and asking him for clearer directions in terms of "release". He faxed me back this morning and in reference to her keyboard work, wrote "as tolerated". Since that is 90% of her work day, I really don't feel comfortable having her back since she could leave within an hour of being here if her wrist acts up. And I agree that this could turn into a workers comp situation very easily.
Thanks for your input.
Maggie

jrzgrl · October 2003

How is this *not* FMLA?? Multiple surgeries sounds like a consideration for "serious medical condition" to me. Be careful about not counting all that time against FMLA; you could end up with someone taking so much time off that they're out of the office more than they're there.

System · October 2003

When the doctor uses the phrase "as tolerated" I generally don't want the employee to come back - for business reasons, of course, unless your business will benefit from the probable inconsistency. I agree that the risk of it becomming workers' comp is high.

Some firms have a leave policy that allows the employee to elect the right to use FML. Are you saying this is the case in your company? If so, the employee may use your company leave policy and another leave under FMLA.

Getting back to work

Comments