Pressured to return to work while on temporary disability?

Question

I work for a very small office and two weeks ago I broke bones in my ankle (not at work) and had to have surgery. I expect to probably be out for around 6 weeks total (from what I've heard). Just yesterday I started getting pressured by my boss. He text me and said they really needed someone for one day to fill in, just to answer phones. I wrote back that I had to wait to see what the doctor said (I go in two days). He responded quite rudely telling me that they needed a date for me to return (knowing full well I can't answer that till I see the doc), and went on about how important their business is, they are in a tough spot, general guilt trip, etc. First, is it legal for them to pressure me like this? Second, it seems like they are trying to "trick" me into going in for one day so they can claim I'm able to work or something. Anyone have any experience with this?

BTW, I don't trust them at all. They can be very underhanded and ideally I'd rather just find another job when I'm able to work again. Any advise or link to a law related to this situation would be greatly appreciated. Thanks!

Answer 1

DO NOT GO IN! You will lose your benefits if you do - they will claim that you were able to work and you'd probably have to pay back whatever you've been paid.  

Answer 2

If it is a small office you are not covered by the family medical leave act.  If your doctor tells you to stay home and you think it is good advice you should stay home.  

However, an employer is not required to hold a position for you under these circumstances, except as required under the Family Medical Leave Act.  The reason for this Act was knowing that large employers can cover a short absence by an employee.  The Act recognizes however that small employers need their employees at work every day.  

If you are covered by a short term disability policy by all means use it.  This insurance policy is separate from an "employment policy" however - the insurance company can pay the benefits and the employer can terminate employment.

It sounds like you need to decide whether you're able to go into the office or whether you should find a new job immediately.

Answer 3

His contacting you is unethical! Don't answer your phone or any texts.

Answer 4

You will lose your benefits if you work for even 1 hour. You cannot go back to work until your doctor releases you anyway and I am sure your job knows that. If you have a medical statement to be off they have to give you your job back when it's time.

I had 3 bones broken in my ankle last year and broken tibia and fibula, my doctor allowed be to go back 2 weeks after surgery (I have 5 screws), so it's possible you may be able to go back as long as you have a sit-down job.

Answer 5

Do not go in. This is an underhanded way for them to stop your disability payments.  Also you can contact the labor board and let them know what this company is doing.   As long as you have a note from your doctor stating that you are completely disable they cannot force you into returning. The only way that you can return with doctors orders is if he states that you can go back with restrictions.  I would ask for full disability and no restrictions.  

Answer 6

I'd just tell them to **** off and hire a temp until I got back

Seriously, take your time off to find a better employer (not too many out there unfortunately though)