I was on fmla through 7/30/06. my doctor still had me out of work until 8/11/06 (shoulder surgery). I gave them the return to work note and my doc's office also faxed a note. my employer is requiring a work note stating I won't have any more trouble with my shoulder. My doc can't do that and they are not accepting this current note. I am suppose to meet with them at 9:00 a.m.(my supervisor and h.r. person). I am afraid of the outcome. the restrictions on my return to note work has minimal limitations. I can return to work full duty. I just can't lift over 10 lbs. Would it be legal for them to fire me over the fact that I can't get the letter from the doc they request.
worried with 2 dollys to raise
dollyworld

I was on fmla through 7/30/06. my doctor still had me out of work until 8/11/06 (shoulder surgery). I gave them the return to work note and my doc's office also faxed a note. my employer is requiring a work note stating I won't have any more trouble with my shoulder. My doc can't do that and they are not accepting this current note. I am suppose to meet with them at 9:00 a.m.(my supervisor and h.r. person). I am afraid of the outcome. the restrictions on my return to note work has minimal limitations. I can return to work full duty. I just can't lift over 10 lbs. Would it be legal for them to fire me over the fact that I can't get the letter from the doc they request.
worried with 2 dollys to raise
dollyworld[/QUOTE]

Well, the only way you might have protection is through ADA. In order to invoke that, your employer could very well request documentation from your doctor that you have a qualifying condition. Your employer isn't required to offer light duty, but they may be required to offer a reasonable accomodation to allow you to perform the essential functions of your job if you have a disability.

It is also legal and adviseable to request a note from your doctor that states that you are cleared to perform the job you have without undue risk of further injury. It isn't so much that you never will have trouble with the shoulder as making sure that your job isn't going to make things worse or pose a safety risk. They can keep you out if you are unable to provide that.

Talk to them though. Yo udon't know that they are going to terminate you.

thanks ellen for the information. i did go to my meeting with my supervisor and the hr person. they did let me go (fired). they wouldn't accept the note and my doctor won't release me for full duty for 3 more months. he won't sayif I have a disability. he said it's too soon to tell. so I don't know what path to take. do i take legal action against my employer? also, they claim i would have to pay back the insurance premiums they paid(fmla without pay) since i couldn't return to work with the appropriate note. that amounts to 3,300.00. i am really caught here in the middle. also, this is (was) a government job which doesn't mean anything. thanks, i would appreciate any input.
dollyworld

If your doctor would not certify it as a disability, or it may be a temporary condition, then ADA does not apply and they may terminate you if it will be at least 3 more months before you can do your job.

Was this whole time FMLA? If you are still within the 12 weeks and can not return through no fault of your own, then your employer can not bill you for the full insurance premiums. If you are past the 12 weeks, they may.

ElleMD, just a point of clarification on the portion of benefits that could be billed back. Is it the full 12 weeks of FMLA plus any time returned afterwards or just the time after FMLA ends?

The time after FMLA ends. The employee could still be billed for any employee contribution they did not pay while out for the time on FMLA. Many employers allow employees to defer their contributions while on leave and make them up upon return. If that is the case, the employee does owe that amount, even if leave continues or they are terminated.

Just a point of clarification; the employer can only require the payback of health insurance premiums when FMLA expires if the employee CHOOSES not to return. They may not do so if the employee is still medically unable to return to work.