Working while on leave

[usound76]

What is the name of your state (only U.S. law)? KY, employer in OH

I'm currently on medical leave until the first of the year due to a surgery. Three days prior to the start of my leave, I received a small promotion. I was contacted by my boss through text message that I needed to check my work email for important information that could affect my pay while on leave. There was an email from him about getting a power point presentation for a web meeting that I'm supposed to conduct in 2 weeks. I knew nothing about this prior to my leave. I'm supposed to come into the office, get a DVD, review it, set up this power point, and present it to employees all while on medical leave? I'm also supposed to have the employees fill out a competency form after the web meeting. Can they do this?

Thank you in advance.

 

[justalayman]

does your condition prevent you from attending to the duties the boss wants you to perform?

are you covered under FMLA protections?

Is there some reason you would have to actually physically go to the workplace? There are means to do what you described via remote applications.

 

[usound76]

I am on FMLA leave as well as paid leave under short term disability. He wants me to physically come into the office to get and watch the DVD so he can "sign me off" as viewing the video. He also needs to "inservice me" on the web based systems they use. I have only ever been on the viewing end of the web meetings, I have never set one up.

I guess I was under the assumption that I was not to be performing any work duties while on medical leave. I only checked the email remotely from home because he told me there were more forms I needed to complete to get paid leave.

 

[usound76]

I am not physically unable to do this, I just thought I wasn't supposed to be working.

 

[justalayman]

don't jump to conclusions. I didn't say you can be required to do what the boss wants. I didn't say you couldn't either though. I need to do some research to be able to give you much of an answer. There are a few HR folks floating around here that likely have an answer off the top of their head. Hopefully they will post as well so stick around.

 

[usound76]

Sorry if I sounded snippy. I guess I'm just irritated that I was told to check the email under false pretenses. Thank you for your quick responses.

 

[justalayman]

=usound76;2956625]Sorry if I sounded snippy.

You weren't snippy. I just didn't want you to get the wrong idea based on my questions only and do something you would regret based on that and posted my response for that purpose.

 

[usound76]

Thank you for your responses justalayman. I hope I can get some definite answers before Monday morning. I don't want to do anything to lose my job, but I don't want to do anything wrong either.

 

[swalsh411]

If the OP is on approved FMLA protected leave they can't be required to do any work. I don't see how there can be any other answer to the question.

Have you brought the matter to the attention of HR?

 

[cbg]

I'm one of the HR folk and swalsh is exactly right.

 

[usound76]

Thank you all! I contacted HR Wednesday afternoon right after I read the email. She just told me that I needed to take it up with my boss, her hands were tied and she had a plane to catch. I felt that she totally blew me off. Do I just call my boss Monday and tell him I can't do it because I'm on leave? I feel this is something I shouldn't have to handle myself but with no help from HR, what do I do?

 

[cbg]

Start with your boss, and if you don't get anywhere, call HR back again. If you don't get any help there, go over the HR rep's head to her boss.

 

[justalayman]

I'm one of the HR folk and swalsh is exactly right.

the cavalry to the rescue/


listen to cbg usound. She knows her stuff.

 

[swalsh411]

Tell your boss firmly via email you won't be doing any work while on FMLA leave and that you will be available for whatever he needs done when you return and that this is the end of the discussion. CC HR. Then don't worry about it and concentrate on getting better. They would be breaking the law if they punished you for refusing to work. I would also strongly recommend not checking your work email until you are back at work. You have no business checking it if you are not supposed to be working.

 

[usound76]

I understand. I wouldn't have checked it, except that I was instructed to, by my boss, under false pretenses.

This whole surgery and leave has been a huge mess!