My wife is being forced to come back early from maternity leave. Her employer has several hundred employees, my wife is full time with over 2 years, so FMLA does apply. She had FMLA setup for 2/10 through 5/4, fully approved, no issues. Then her supervisor told her on 2/3 that she could also take off 2/6 to 2/9 as well as she had plenty of sick/surgery leave time accrued. Before my wife could answer, she went into labor and our baby was born on 2/5 via c-section. My wife sent her supervisor a message on 2/5 saying she would be taking the additional time off from 2/6 to 2/9 that was offered before starting FMLA as planned.
Now her employer's HR is saying she cannot 5 weeks after the fact, and is requiring her to come back from FMLA a week early. Everything had been agreed to, airline tickets have been purchased (her family is from overseas), christening dates set and paid for, my leave is set for the last couple weeks she is on FMLA, daycare is set to start on 5/7, etc... For her to come back to work a week early will cost us a considerable amount financially. Plus, she had been allowed to take time off for the 5 days prior to her FMLA starting, so her FMLA would end 5/4.
Can they force her to come back to work after only 11 weeks of FMLA and the 1 week of time off? They are saying if she does not, they will not guarrantee her job back.