Return to work early after surgery

[LittleOneRN]

I am new to the site and need an opinion. I recently had surgery and am on sick leave during my recovery. My DON called and asked me to see if I could call my doctor and shorten my FMLA so that I could make a quarterly CPR class that is set during my leave. (Mine expires in August) She assured me she would not schedule me for work following that, I could just use PTO for the following two weeks. I have to admit I feel a bit offended about the request, i.e., my health vs. their convenience. I am a reliable employee and think maybe my willingness to go above and beyond has resulted in this type of request. What would you do?

[Ruthiegal]

Don't do it, why should you use your PTO for legit leave?? I was told once if I came back early they would accommodate me and my healing broken elbow.... I was supervising... 3rd night back someone called off and I had to work the floor, this was in LTC, me and one CNA.... needless to say I learned the hard way.... never again!

[pinkpig]

number one rule in nursing - take care of yourself first!!! no one else will!!!!

[LittleOneRN]

Thank you for all of your responses. To clarify, I will be back at work (6 weeks) before my CPR expires, thus you can understand my feelings about this. Each of you have given me a lot to think about!

[dscrn]

Don't know which state you live in...if you are receiving temp disability-from the state-you can't return to work in any capacity, until cleared by md. DON'T jeopardize your health, for the sake of employer...

[Batman25]

NO NO NO. Do not go back until your doctor approves it. Your employer should know better than to even ask.

[1stloveistobeanurse]

roser13

I believe the objections that is being stressed about this is that it is illegal for any employer to ask an employee to go back to work when on FMLA. In fact yes it is just a class however, if she was to hurt herself in any shape form or fashion while in attendance the employer could be held liable for asking her to come back to work.

FMLA is a federal law and the guidelines must be followed by the employer as well as the employee for the well being of each party.

[roser13, ASN, RN]

"it is illegal for any employer to ask an employee to go back to work when on FMLA."

Ridiculous statement. It's absolutely not illegal for the employer to ask. How easily we toss around the "illegal" card these days.

FMLA provides a safe haven for employees to take time off as necessary to tend to their own or their family's needs, without worry that their position will be lost. If an employer asks and the employee agrees, accommodations/alterations may be made. That is why FMLA is a flexible vehicle.

"FMLA is a federal law and the guidelines must be followed"

Exactly. Please acquaint yourself with those guidelines before quoting them.

"it is just a class however, if she was to hurt herself in any shape form or fashion while in attendance the employer could be held liable for asking her to come back to work."

Ummmm, yes, of course, if an employee injures him/herself while on duty/on the premises, the employer would be liable for any resultant injury claims.

What does that have to do with attending a CPR class while on FMLA?

[1stloveistobeanurse]

roser13

i am so sorry that you see it this way let me provide you with documented proof of this fact please see the listed below. if you or any employee has documented medical records requiring you to be out and you are approved for that time an employer cannot by law ask you to return to work under light duty (ie... class) only if you fail to fulfill your obligations with submitting the proper documentation in a timely manner. i would never give the advice for an employee to return back to work, due to my experience in hr for the past 15 years. you are correct people will throw around the law, and most often than not they will also return back to work, to re injury themselves placing the employer in more trouble and giving them more time off at the expense of the employer. thus, it is in the best interest of both parties legally that the employee completes the time of fmla and then return to work when it is approve to.

that is the reason why as i stated before several others are advising the op not to return until it is ok'd by the doctor. :)

q: can my employer require me to return to work before i exhaust my leave?

subject to certain limitations, your employer may deny the continuation of fmla leave due to a serious health condition if you fail to fulfill any obligations to provide supporting medical certification. the employer may not, however, require you to return to work early by offering you a light duty assignment.

[roser13, ASN, RN]

"The employer may not, however, require you to return to work early by offering you a light duty assignment"

We were not discussing a requirement to return to work. We were discussing a polite request to return to a one-day CPR class, which request the employee is completely free to deny.

[1stloveistobeanurse]

"The employer may not, however, require you to return to work early by offering you a light duty assignment"

We were not discussing a requirement to return to work. We were discussing a polite request to return to a one-day CPR class, which request the employee is completely free to deny.

Yes you are absolutely correct, an employer could ask however, most HR departments (in which I have worked in this capacity for 15+ yrs) would advise any management against it. Why? because often times the employee will feel as though they are being forced to come back or that the manager would hold the FML leave against them once they do return back. It is these very same thoughts that lead employee's to file suit against employers and the employers are then in return to fighting legal battles and spending extra money on claims that could have been prevented by simply allowing and not requesting or asking that the employee return back to work or to class.

Now if the OP didnt have another 6 weeks to complete the requirements and if she didnt post her concerns than maybe it would be safe to interprete that she wasnt bothered by the manager asking her. However, this clearly is not the case, since the post has been presented, it would be better for both parties that she continue with her leave as directed by her MD.

Personal if my employer was to call me in to attend a cpr class I would be uncomfortable with it as well maybe because I have held the experience that you speak of , of knowing the Law as it relates to FMLA as well as various other Labor Standard Laws.

Also FMLA is actually a federal law that allows one the opportunity to hold onto his/her job title in the event they have an medical emergency or need to take care of someone in the immeditate family only.

This is one of the reasons why the very request of FML is given to a manager but approved by Human Resources. Because Human Resources would be more verse on these statues than a department manager maybe.

I hope this has made clear where my point of view was coming from :)

[oregonchinamom]

I recently had my BLS set to expire when I was FMLA. I was not allowed to take the class through work so I did the online course and got a skills check. The gal who did my skills check made allowances for my surgery. Do not go off FMLA before it's time. There are other options that will protect you.