Taking Vacation for Surgery

Donna63 · January 2014

If an employee uses their vacation time for surgery, does an employer in the state of Texas have to require a doctor's release before she can return to work? We have a policy that after three days off must present one but that is only if using sick leave. (Don't know why she is using vacation for surgery and not using her sick leave.) Thank you for any help you can give.

NaeNae55 · January 2014

Do you have FMLA? It doesn't matter what kind of leave if she is under FMLA. You can require a RTW release.

Donna63 · January 2014

We employee under 50 employees, so we do not fall under the FMLA.

sonny · January 2014

We require the use of sick leave prior to using vacation if sick.

davids · January 2014

Unless your state has a specific regulation that dictates when and how an employer can require return to work medical certifications, I don't see why you couldn't ask for one.

Dutch2 · January 2014

The employee made it none to you that she is receiving medial treatment/surgery while she is away, for what ever reason. Don't know about Texas but with this knowledge we would required a release to work from her doc' before she returns. This is for her protection as well as for the employer.
Good luck.

cnghr · January 2014

As long as I knew an employee was having surgery while on vacation, I would require a doctor's release upon her return.

We would also require that any available sick time be used for a medical leave before vacation time could be used.

Taking Vacation for Surgery

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