Human Resource Blog

Leave for surgery

	Attendance Management
Vacation Request / Response Form Weekly Time Sheets Attendance Calendar for 2008, 2009, or 2010 Annual Attendance Tracker Vacation Request Form for 2008, 2009, 2010 (Calendar) Detailed Absence Report

	HR Management
Confidential Employee Folder Confidential Employee Medical Folder Job File Worksheet Folder Daily EEO Applicant Flow Log Workplace Information Sheets Request to Inspect Personnel Files

An employee is a medical transcriptionst and developed carpal tunnel. One HR person put in for workers comp for her because she types all day long repeatedy. She tested positive with the nerve conductor test and electro test. She wore a splint for 5 months, had cortisone injections and none of it has it helped. Its got worse,
the doctor ordered her to have sugery at once. She brought in the notice 3 days before the surgery date and the employer told her that she needed to give a 30 day notice.
The manager will be on vacation and now they will be down 2 people. The manager asked her to cancel the surgery for 2 weks because she don’t look like she is in pain and comes to work every day. The manager suggested it was elective surgery.
The employee has burning pain and numbness every day and at night can’t sleep with it. Even with the splint it goes numb and feels like its on fire.

Can and employer tell an employee to wait to have surgery?
This involves the right hand and the emplyee is a righty. The manager also said that after surgery the employee can come in work right away and the manager will give her light duty. There is no light duty there - you have to type.

PLease answer asap - the surgery is scheduled for Monday.

This situation is more complicated because it seems that the employee is on Workers Comp. This managers reaction is unusual. Usually, when an employee is on workers comp, the employer is eager to do anything they can to prevent permanent damage. Thats because permanent damage often results in a lump-sum settlement for the employee, which is expensive and can cause the employers workers comp insurance rates to go up. The best bet in this situation is for the employee to contact the workers comp ombudsman in his or her state. It may be worthwhile delaying surgery for a day or so, while this takes place.

A slightly different set of rules would apply if this were not a workers comp case. Generally, employees are entitled to FMLA leave whether or not it is convenient for the employer at that time. For non-elective surgery, a notification of 1 to 2 days is sufficient. For elective surgery, the employee must give 30 days notice. The employee should clarify with her doctor whether this is elective or non-elective surgery.

It is also a concern that the employer might not understand the light duty restrictions when the employee returns to work. The employee should request that her doctor make it very clear that she cannot type at all — not even one word — if that is the restriction. And, if the employee is asked to type, she should gently but firmly refuse, making it clear that she is not able to on her light duty restriction.