Employer used FMLA for other than described

I was granted FMLA by my employer for my back problem. My DR. filled out my paper work stating that my back problems could be possible lifetime. I never used any of the FMLA. February 2010 a month or so later i went in for shoulder surgery on my right shoulder. When i went back to work approx. 6 months later i asked to renew my FMLA i was told that the company had applied all my leave time towards my shoulder surgery and i was no longer eligible for FMLA. Is my employer allowed to re-designate from what was certified from my Dr.?

1 answer  |  asked Feb 14, 2011 10:34 AM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
An employer can apply your time off to the 12 weeks FMLA unless the shoulder surgery was work related and therefore considered a workers comp injury. If you took time off for self care and rehab from the shoulder surgery the employer should have required that you file an additional form, however, it is unlikely that a court will allow you to use this as a way to avoid exhausting your 12 weeks of FMLA leave during the twelve month period.

You should consult with an employment lawyer to discuss these issues. You can select one near you at: www.oelasmart.net/directory

posted by Bruce Elfvin  |  Feb 14, 2011 12:10 PM [EST]

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