During my therapy and recovery I overstressed my right knee by shifting my weight to compensate, while left knee was healing. Suffered serve cartilage loss in both knees and have been treated by specialist since 2000 until December 2013. It was determine that I needed bilateral total knee replacement , I received bilateral total knee surgery on May 6, 2014. I was placed on medical leave approved by my employer starting May 5, 2014 until August 6, 2014. Today July 16, 2014, I was contacted by my Human Resource department that my short term disability was only approved through June 25, 2014. Also, if I do not return to work by July 25, 2014, I will have assurance of employment. If my surgeon requires more physical therapy and time past that date, I could lose my job. Do I have any other option than to return to work without my surgeon's assurance and an acceptable level of pain and comfort ? Recovery in 2000 and recovery from stroke which also on the job in 2001 both lasted over 12 week
The is no general employment law that requires an employer to allow you to have time off work for health or medical treatment. However, the FMLA may apply to your situation. If your employer is covered by the FMLA and you are an FMLA eligible employee, then you are entitled to 12 weeks of leave per 12 month period for a serious health condition. You must return to work on or before your FMLA runs out or your employer will be able to legally fire you regardless of your health condition.
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