I have a friend who after giving birth, was put on disability for post-pardum depression.(She has a Dr.s note stating such.) The employer encouraged the disability, and also placed her on FMLA leave. As soon as she was placed on leave, the employer asked her to come in to work a few days a week (while still on disability) so that "she" wouldn't fall behind, etc. She doesn't want to come in if she's on disability, but doesn't think she has a choice. If she refuses to work while on disability, she fears losing her job.
Can she refuse to work while on disabilty? If she does, can the employer terminate her after FMLA runs out? Can either she or the employer get in trouble for having her in the workplace while she's supposed to be on disablity? Any help would be appreciated.

I have a friend who after giving birth, was put on disability for post-pardum depression.(She has a Dr.s note stating such.) The employer encouraged the disability, and also placed her on FMLA leave. As soon as she was placed on leave, the employer asked her to come in to work a few days a week (while still on disability) so that "she" wouldn't fall behind, etc. She doesn't want to come in if she's on disability, but doesn't think she has a choice. If she refuses to work while on disability, she fears losing her job.
Can she refuse to work while on disabilty? If she does, can the employer terminate her after FMLA runs out? Can either she or the employer get in trouble for having her in the workplace while she's supposed to be on disablity? Any help would be appreciated.


Was the disability for full disability or partial? She needs to clear it with her doctor.

The disability was full disability and the doctors note clearly states that she's unable to perform her duties in addition to the date when she would be able to return.

The disability was full disability and the doctors note clearly states that she's unable to perform her duties in addition to the date when she would be able to return.


If she is on full disability, to go in to work would not be wise. She really needs to check with her doctor. I would not advise going to work when on full disability, it would most likely negate her status.

What about the question regarding her employer?
Can her employer get in trouble for asking her to come in to work
knowing fully that she's on disability and FMLA?

Yes, her employer would be violating the FMLA laws by requiring her to come in.

Thanx for your help.