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Employer has got a substitute for my come back to work date California

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  • Employer has got a substitute for my come back to work date California

    I have been out of work for three weeks due to a knee injury received off the job. I was taken out of work for a one week stint. then went and had a mri and they wanted me off until the dr could read it. so at the end of the first week they took me out for two more weeks. I faxed the release date for going back to work right then. so basically my work has had my return to work date for two weeks. This is wed/and I go back to work this coming monday. Just received a "text" from the office receptionist my Dr (dentist) had her get a substitute to cover my shift for next mon and tues "just in case I did not come back yet". I immediately called her back and said I am returning to work as of monday -per the release from my Dr which they received two weeks prior and also due to the fact my knee has healed enough to do so. She said she did not "want" to call the sub back and cancel on HER since she just planned it with her. I expressed concern since they did not call me FIRST and see how I was doing. It is afterall my position and not a subs. As I can appreciate their concern to cover my patient schedule they should have called me first to get an update and they should have no problem to call a sub and cancel vs me, the regular employee. What rights do I have or is this just a mora/ethical issue I have n my hands. i have contacted the Dr and explained myself, thanked him for being patient, told him taht the release date was clearly stated two weeks ago and that I will be in to work on Monday..

  • #2
    Was the time off covered by FMLA?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      FMLA?? I dont know. I turned my paperwork in for state disability only. I have never been taken out of work so I'm not sure. would I have had to apply for FMLA? Its not for a sick family member..


      • #4
        they just texted me again and said he would need the release dates. I faxed a second time with the first fax time recording showing they received them two weeks ago. Waiting for their reply


        • #5
          Are they telling you that you can not return Monday? If it is FMLA, then they can not force you to remain out longer than necessary but if FMLA does not apply, then it is entirely up to your employer.

          If you were set to return Monday, YOU should have been on the phone with your employer to make the arrangements. Not relying on a fax sent 2 weeks ago. Not waiting for them to call you and ask when you will return. The law doesn't require this but professional courtesy does. The fax may have been sent but you can not possibly know it was received, clear enough to read, or that it wasn't lost, damaged or misplaced (says the current recipient of 3 faxes that I either can not read or which only half the page transmitted). Even if they got the fax, it does not mean your time off would not be extended. You need to communicate via actual phone to a human at your workplace, what your intentions are. Texting is a wonderful invention but save it for friends and interact with your coworkers.

          They may keep the sub on board if they wish. They can use both of you if they would like.
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


          • #6
            First, I have been verbally in touch with the office manager for the last three weeks and keeping them current of my situation. Unfortunately her sister was killed in a car accident and she has most likely not been the most efficient herself with receipt of the papers and information, not to mention gone alot. But that is not my problem. I have spoken to her, the authority I was told to talk to.

            Second they are texting me which I also find to be unprofessional. I call them.

            third they just "texted" me and said even though I just resent the faxes I supplied them with, and the office manager last week said she received, they will keep the sub. and yes for me not to come to work on either monday or tuesday

            sooo now maybe different subject. I am a employee with a regular work schedule with a full medical release date on the table which they have been informed about. I understand if they can use me or the sub but does that not infringe on employment rights now, should they not have to inform me of why they are reducing my hours, not supplying me with my regular hours, etc? would that be a firing? a reduction of regular work hours?

            Their words were "just in case" I am not released, but the work release states tomorrows date for release and back to work. answers please, need to figure this out. I have explained to them three times now I am released and back to work fully on monday and will see them then. Obviously this is a retaliation it appears. I am in good standing with them so this is coming from left field for me.


            • #7
              forgot to mention I dont think FMLA applies because we have fewer than 50 employees.
              I saw the four requirments on another posts.. thanks for your help


              • #8
                Thanks for getting back to us on FMLA. You're right; if you have less than 50 employees it does not apply. (Though FMLA, when applicable, can be for your own illness as well, not just family members).

                Since they have not told you NOT to show up on Monday, and since you have told them that you will be there Monday, I would show up on Monday as indicated and see what they do. If they tell you to go home, get back to us. If they send the sub home, you're good.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


                • #9
                  Hi CBG- if you see in the middle of my 2nd to last post they DID tell me NOT to come in either mon or tuesday. They texted me and said they are sticking with the sub, just in case..??

                  So I have refaxed them and called them with release date info. I have asked to come back to work Monday. and they are STILL standing firm on dont show up monday or tuesday because they are going to honor the substitute they just contacted today..

                  I just contacted fair employment. The advisor there told me since FMLS does not apply, they dont have to hold the position. She also said the release back to work date, even though I have it on written paper, does not actually go into effect until THAT date-tommorow the 8th. So she advised me to show up tomorrow with the release date of tomorrow and ask when am I to show up for work. She said they have the right to tell me not next week since they are choosing to have the sub work. She also said they could tell me not the next week ever. At this point she said they "should" but are not required by law to give me a return date.

                  My question is should they not have to let me know my job position status? Am I supposed to hang in limbo awaiting my return to work on their part? or do they have to notify me my position at work is no longer available. Should I in your opinion ask for a letter denying me the right to return to work, even though they have a medical release..Or would this be a useless exercise? I am starting to believe this is retailiation to some extent, otherwise why would they not want the regular provider to come see her patients over a unknown provider?

                  As I said I left in good standing, these are friends, great colleagues of mine and I find it very retaliative by the DR to act this way and put a sub over me. Seems he is trying something different if you ask me. As a side note I work two days for another office and they are so pleased with how I have kept them notified and are so happy I can return to work next week. What a difference a offcie makes, right?


                  • #10
                    Sorry I missed the reference -reading too fast I guess.
                    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


                    • #11
                      no problem cbg at all..
                      any thoughts now you know they are telling me NOT to return?

                      or the implications of them notifying me in a certain time frame I dont have a position there anymore?

                      how am I protected against them doing this for weeks to come and do they have to follow guidelines to notify me to a fact like that?


                      • #12
                        I think you're jumping the gun. You are not even released to return to work yet. I would wait to see what they do once you are released. This could turn into a disability discrimination issue, but I think it's a bit premature at this point. Now, if you're released and they terminate you, or just never put you on the schedule again, then you may have a basis to complain. Hang tight.


                        • #13
                          Hi, well trying to not jump the gun. I just like to know my possible options before being faced with a potential game play. I like to play from a informed postion. Your right too early to tell..but..
                          However here is the update. the Dr contacted me per email and said he is not cancelling on the sub-final decision-not to show up this coming mon or tuesday but he expects my return the following week, sept 19th. Now as that makes me happy for the return to work, is there anything I can do to recoup my earnings for those two days since I can work but they wont let me?
                          Anyone know the answer to that?"


                          • #14

                            If you are non exempt, your employer is only required to pay you for hours worked.

                            If you are exempt your employer is required to pay you for all weeks in which you worked. If your employer has a PTO policy in place they should be using that time to cover the time you took off.


                            • #15
                              Sorry but only under FMLA does the employer have an obligation to let you return as soon as released. As FMLA does not apply there are no laws that outright state they must allow you to return if you have a note. It sounds like it is just a matter of a few days so to be perfectly honest, I don't think this is a battle I'd bother fighting.

                              Really, we could play the "what if" game all day but as there is no reason to think they will fire you, why start worrying about it? If you choose to keep arguing with them, you are just handing them a good reason to let you go as being argumentative with your employer is not legally protected.

                              There just isn't a law that says what you want it to say.
                              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


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