Ask The Lawyer

By Debra Roth

Q & A Session – Leave of Absence Violation?

Bookmark and Share

Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

While on a leave of absence for a week, my return date changed. After informing my boss, I received an email that I found overstepping and threatening, basically questioning why my doctor would be okay with me returning to work one day, then putting me out for an additional few weeks the next. Is his response legal?

A:

I am not sure I understand your question. If you are out on sick leave, management has the right to seek medical evidence to show you are medically incapacitated for an absence of more than three days.

Bill Bransford is managing partner of Shaw Bransford & Roth PC.

Disclaimer: Ask a Lawyer publishes information on this website for informational purposes only. Information on this website is intended – but not promised, guaranteed, or warranted – to reflect correct, complete and current developments. In addition, the contents of the website do not constitute legal advice and do not necessarily reflect the opinions of the attorney. Information from this website is not intended to be used as a substitute for specific legal advice, nor should you consider it as such. You should not act, or refrain from acting, based on information on this website without seeking specific legal advice about your particular circumstances. No attorney-client relationship between you and Ask a Lawyer’s author is created by the transmission of information to or from this site.

Comments

  1. Teban Says:
    May 23rd, 2013 at 9:19 am

    I get what you are saying. I too am out on an absence of leave, have been since early April. I was scheduled to come back I believe it was mid May sometime, but the doctor extended it to June, and it will get extended again most likely, this is all due to a medical problem I am going through (exacerbated by my work) and seeing quite a few specialists. Each doctor I see, come to a conclusion, with other doctors notes and what not that they will not release me back to work and write a new note for me, extending my leave of absence.

    Personally, if I got emails that were inappropriate due to your absence, I would seriously go to your HR department, Union rep and possibly discuss with EEO too.

    Document, document, document.

    This of course is all just my opinion.

Leave a Reply

PLEASE NOTE! Do not submit ANY questions via the Comments form. Instead, please send your questions directly to lawyer@federaltimes.com. Questions submitted via the Comments form will NOT be answered!