Medical Leave dilemma?
August 19, 2008 12:01pm CST
I need advice on one of my friend's situation here....she tripped and fell outside her working place which resulted into elbow's bones being chipped off shown by x-ray, doctor given her two weeks medical leave and she was back for review after a week, somehow it got worsen and was prolonged to three wks medical leave instead. Her boss wants her to be back in two weeks time saying light duties will be given. She consulted her doctor and was told that they will be discharged and will not be responsible for her condition if she choose to go back to work earlier instead of the given medical leave date. She was at a dilemma of how to answer her superior for he mentioned that someone was in her situation before but still back for light duties work. Her main duties is doing typing, working in a government link corporation and with the company for 10 years.
19 Aug 08
All she can really do is provide the supporting evidence of the Doctor's advice as best she can and go from there. This accident happened at her place of work (even just outside is the same) so her employer is ultimately liable. Her situation is not necessarily like the other person's that her Boss has referred to and the Doctor's advice is clear it seems. Any actions contrary to the Doctor's advice made by the employer or any threats regarding her employment etc would be illegal. She should just inform her employer of exactly how things are. Resting one more week or so is FAR better than her coming back to work and reinjuring herself and then maybe being off work again for longer.....
• United States
19 Aug 08
A lot of companies are like that, they what you back to work right away. My niece works for a major telephone company, and she had to have a feminime procedure done, went back to work right away, because that is what they wanted, and suffered consequences because of it. She had to have a second procedure, so she decided, in order to be out long enough to heal she had to lie, and say she was going to be out for something different. I think as long as you have a signed note from a doctor, the company can not demand you to return. They can hold your position for a certain amount of time, but I do not think they can demand you to come back to work.
• United States
23 Aug 08
If your friend's in America, Doctor's word is first, employer's a distant second. She can get worker's comp as she was hurt on the job, and can sue as she did it on the employer's grounds. She needs to speak to a legal advocate now.