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employer can't accomodate restrictions
01-28-2008, 08:45 PM,
#1
employer can't accomodate restrictions
just a recap for those who don't know/remember my situation:

in Louisiana; hurt back/leg; working w/restrictions but still in alot of pain

SO.....at the latest appt the doc says i can still work but then he placed sooooooooooooo many restrictions for what i couldn't do i knew that i couldn't continue working in my normal position--my boss dodged me and tried not to give me a straight answer about the situation after i told her "i'm ready to come back to work--can you accomodate my restrictions" finally she said "no i can't; i don't have anything you can do within your restrictions---so don't bother coming in"

Questions:
1) when does/did the clock start on the 7 day waiting period before w/c will pay for the lost time and who notifies w/c of this development

2) this may be a "yes, duh" ? but do i need to put it in writing to my employer that i need FMLA OR does being out on w/c void the need to do that

THANKS!!
nurse83

"After all, tomorrow is another day." Wishing you a better tomorrow!
Reply
01-28-2008, 09:25 PM, (This post was last modified: 01-28-2008, 09:29 PM by WCisBS.)
#2
RE: employer can't accomodate restrictions
1)waiting period is first 7 days of lost time. the first day of lost time is day one.
2) carrier or selfinsured employer
3)anybody can notify the carrier but doctor and employer have to verify.
4)FMLA is not a choice. if you are off work and qualify, you have the protections.
Reply
01-28-2008, 10:37 PM,
#3
RE: employer can't accomodate restrictions
Under FMLA you have protections but you must request them. They are not automatic. Here is a link to the Federal website that will answer most of your question regarding FMLA.

FMLA
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01-28-2008, 11:17 PM,
#4
RE: employer can't accomodate restrictions
It worked out well for me that my employer didn't have me go out on FMLA. If I had been on FMLA my vacation time wouldn't have accumulated, since I didn't use FMLA, I was able to get all of my vacation time even though I wasn't working. They weren't sure how that worked until they talked to one of the insurance people. Of course that may not be the case everywhere. Ok, never mind, I don't know what I'm talking about.

I'm glad you will be getting some time off. It really didn't sound like you needed to be working at all. Hopefully this will give you some time to heal!
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01-29-2008, 12:25 AM,
#5
RE: employer can't accomodate restrictions
For me, I used my sick leave and then W/C. I woud also look at the website for Americans with Diability act. My co-worker was given the ok to go back to work with her restrictions and the co. said no. She really wanted to go back, she just had 1 year to go before her retirement of 25 years with the co. So, she watched all the adds and and applied for 26 jobs within the co. (a large airline co.). She was even willing to move to Chicago to work in the Corporate office and was turned down saying she was too qualified. So she got an EOE lawyer and a few months ago, she won her case and they took her back. I don't know if sh had to apply at all thos positions in order to win her job back or not, but she was telling me that if they won't take me back with my restrictions, her lawyer said that goes against the ADA.
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01-29-2008, 02:35 AM,
#6
RE: employer can't accomodate restrictions
Good for you Nurse83.....you needed more time to let yourself heal. Take it easy on yourself! And watch the paper for ads like lfoster advised.
Hey....my wand waving workedSmile Your mngr was trying to disappear!!
Prayers for you, LillyBig Grin
Injured worker, & tired of it all! I'm too old for games!!

A careless word may kindle strife, a cruel word may wreck a life, a timely word may level stress, and a loving word may heal and bless!
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01-29-2008, 10:28 AM,
#7
RE: employer can't accomodate restrictions

I was made to deplete all of my sick, vacation and personal days before I won my case. Also my employer put me on FMLA without my knowledge.


CAP
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01-29-2008, 12:53 PM, (This post was last modified: 01-29-2008, 12:55 PM by WCisBS.)
#8
RE: employer can't accomodate restrictions
I don't believe FMLA requires a request from the employee to activate it's provisions; it can be initiated by the employer with no activity from employee:
".... FMLA leave and workers’ compensation leave can run together, provided the reason for the absence is due to a qualifying serious illness or injury and the employer properly notifies the employee in writing that the leave will be counted as FMLA leave."
http://www.dol.gov/esa/whd/fmla/
Reply
01-29-2008, 07:40 PM,
#9
RE: employer can't accomodate restrictions
My employer also had Leave of Absense and FMLA run together, and all they did was send me the paper work to sign, I had no choice as to if I wanted to take either.
Reply
01-29-2008, 08:21 PM,
#10
RE: employer can't accomodate restrictions
It is true that the employer can activate FMLA however it is not automatic. Some employers do not. If they do activate it then they must notify you in writing. If you have not received such notification and wish to activate the protections afforded with FMLA then you must make the request.

You also must be aware that not all employers are covered under the act. Basically if they have 50 or more employees it covers them. There are some other tidbits regarding this but for the most part that is what it boils down to. There are many small employers who this act does not cover.
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