Legal Question in Employment Law in Texas

My wife has been employed in the health care profession as a receptionist/clerical for approximately last 4 and 1/2 years. Work consists of repetative motions with hands day in and day out. Because of the repetative work, on sept 22, 2011 she had to have carpal tunnel surgery. Before surgery, doctor informed my wife that because nerves in arm were bad from that repetative motion, would have to do surgery on both elboes also. Recovery from surgery kept my wife out of work for 2 weeks. In that time, her employer had no one filling in for my wife doing daily work, causing work to pile up. On November 7, 2011 my wife went to dr for follow up appt and he informed her at that time that on november 18, 2011 would be doing surgery on left elbow for now, eventually doing both. My wifes' employer told her today that if excessive workload she has was not completed before she took time for surgery and recovery, which is about 6 weeks for one elbow, she would NOT be allowed to have surgery done. First question, can her employer legally force her to reschedule surgery? Question 2, if wife decides to have surgery done on November 18th, can employer legally fire her because excessive workload not done? Any help with this legal issue is greatly appreciated


Asked on 11/08/11, 12:10 pm

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

No employer nor any person can "force" rescheduling surgery..BUT emplloyer has no duty to keep her as an employee. Common error to think you cannot be fired while on workers compensation or when injured....But common sense..no law..to work one must be healthy and if surgery mkes her healthy, she must decide....

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Answered on 11/08/11, 1:29 pm


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