Imagine you’re lying in the sterile quiet of the recovery room, body still weak from your procedure. Then, your phone starts buzzing, filled with questions, notifications, and news from work. Although you should be resting, you find yourself fixating on questions of your own: How long after surgery should I return to work? Am I ready? Am I expected to be? What happens if my boss thinks my timeline should move faster than my doctor?
While Minnesota doesn’t have a specific return to work after surgery law, you have legal protections that prevent your job from being yanked away while you recover from your procedure. However, these protections do not last forever. And they come with strict requirements, especially around medical documentation, light-duty assignments, and communication.
If your boss pushes you back to work too soon or refuses accommodations your surgeon says you need, Arechigo & Stokka can step in. Our attorneys have the grit and courtroom experience to take a stand when others won’t. If your employer pressures you to return before you’re ready, we can help you push back and protect your future.
What Does Minnesota Law Say About Returning to Work After Surgery?
In Minnesota, your right to take time off after surgery stems from a mix of federal and state laws. The Family and Medical Leave Act (FMLA) gives eligible employees up to 12 weeks of unpaid leave for serious health conditions, including surgery and post-operative recovery. During that time, your job is legally protected.
While Minnesota law may provide additional leave rights for pregnancy-related surgeries, it does not offer separate medical leave protections for surgery recovery beyond what the FMLA guarantees. That means your employer must follow FMLA rules but may not be obligated under state law to offer more time.
However, this could soon change. Beginning January 1, 2026, the state’s Paid Family and Medical Leave program will also provide paid time off for workers:
- Dealing with a serious health condition,
- Welcoming a new child,
- Caring for a family member, or
- Navigating certain personal safety or military-related events.
Additionally, in 2024, Minnesota introduced an additional layer of protection through the Earned Sick and Safe Time (ESST) law. This law allows employees to earn one hour of paid leave for every 30 hours worked, accruing up to 48 hours per year unless their employer offers more. You can also use this time to recover from surgery.
Do I Need a Doctor’s Note for Medical Leave in Minnesota?
In most cases, the answer is yes. If you’re taking medical leave, your employer can require certification from your healthcare provider to verify your need for time off. They can also ask for a follow-up note before allowing you to return.
In this note, your doctor should specify:
- The condition or procedure planned,
- The expected recovery timeline, and
- Whether restrictions such as light-duty work apply upon your return.
Without proper documentation, your employer might have grounds to delay or deny your reinstatement. However, if your employer refuses to accommodate a valid medical restriction, they may be violating both the FMLA and the Americans with Disabilities Act (ADA).
What Is a Light-Duty Work Restriction and How Does It Affect Your Return?
Light-duty work refers to a modified job assignment that allows you to work within your physical limitations during recovery. If your doctor clears you for partial work—say, no lifting more than 10 pounds or standing for more than 20 minutes—your employer must decide whether a temporary reassignment is possible.
In Minnesota, employers are not always legally required to offer light-duty roles. However, workers’ compensation laws encourage employers to do so to ease injured workers back into the workforce.
If your employer offers suitable light-duty options but refuses to consider your restrictions, you may be able to file a disability discrimination claim under the ADA or a retaliation claim under Minnesota law.
How Long After Surgery Should I Return to Work?
When it comes to returning to work after surgery, the law doesn’t have a one-size-fits-all answer. Ultimately, your timeline will vary depending on:
- The type of surgery you had,
- Whether you’re experiencing complications,
- What your doctor advises, and
- What your employer is willing to accommodate.
The key is to know your timeline, document it, and communicate it properly. A paper trail can mean the difference between returning with your rights intact and facing unlawful termination.
Take Action Before the Clock Runs Out
At Arechigo & Stokka, we have spent over 20 years defending Minnesota workers in situations just like yours. From complex workers’ compensation disputes to retaliation lawsuits, we bring a track record of hundreds of wins and the courtroom skills to back it up. As recipients of the Minnesota Lawyer Attorney of the Year award and the Avvo Client’s Choice Award, we are proud of our dedication to earning results for our clients.
Contact us today for a free consultation. You can also call us at (651) 222-6603. We will help you understand your rights, fight for your job, and hold your employer accountable if they have overstepped.
You have been through surgery. Let us take care of the rest.
Resources
Americans with Disability Act. Link Minnesota Earned Sick and Safe Time (ESST). Link
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