FMLA and Restrictions Upon Return to Work

[mdc1022]

Hello,
I have a question, I am on FMLA I have been cleared to go back to work and have only one restriction and that is for at least the next 30 days.And that is I cannot work more than 46 hours per week. From what I read on the U.S. department of labor it appears that my employer legally has to follow the restrictions? is this the case?

here is the link to the site that I am referring to > http://www.dol.gov/whd/regs/compliance/1421.htm

and here is the statement that has me of the understanding that they legally have to comply is that correct?



Intermittent/Reduced Schedule Leave

The FMLA permits employees to take leave on an intermittent basis or to work a reduced schedule under certain circumstances. CFR Section 203)

* Intermittent/reduced schedule leave may be taken when medically necessary to care for a seriously ill family member, or because of the employee's serious health condition.
* Intermittent/reduced schedule leave may be taken to care for a newborn or newly placed adopted or foster care child only with the employer's approval.

Only the amount of leave actually taken while on intermittent/reduced schedule leave may be charged as FMLA leave. Employees may not be required to take more FMLA leave than necessary to address the circumstances that cause the need for leave. Employers may account for FMLA leave in the shortest period of time that their payroll systems use, provided it is one hour or less. (See CFR Section 825-205)

Employees needing intermittent/reduced schedule leave for foreseeable medical treatment must work with their employers to schedule the leave so as not to unduly disrupt the employer's operations, subject to the approval of the employee's health care provider. In such cases, the employer may transfer the employee temporarily to an alternative job with equivalent pay and benefits that accommodates recurring periods of leave better than the employee's regular job.

[Mr. Knowitall]

The background is here.

Are you capable of performing your job?