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worked light duty, then told can't work any more
#1
I have a friend who was hurt at work, she said her back hurt, no one did anything, so after some time when it still hurt she went to her supervisor and asked permission to go to the safety director. He gave her permission and the safety director took her to the doctor for her back. The department head was mad that he wasn't made aware of the situation before she went to the safety director. She was put on light duty and allowed to work. That has been 3 weeks ago. Now her supervisor is out for an extended, planned medical absence and as soon as he leaves the department head told my friend she can no longer work until the doctor has cleared her. He said there is no light duty work to be done. She went to HR and they said that he can make that decision and now that he has she cannot work until she has full clearance from the doctor because there is no light duty available. Is this legal?! Sorry for the lengthy post, just want to try to give all of the info. I appreciate any insight!
 
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#2
your employer is not required to make a job for you.
you do have the right to discuss reasonable accommodations under ADA law.
you also have 12 weeks of job protection under FMLA.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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#3
I would have your friend write a letter to human resources disputing the change in policy from different supervisors as possibly discriminatory. Is anyone else allowed to do light-duty? Where I was working(UPS), they have a 30 day light duty policy, after which they require a full release from the doctor. They have been sued over this policy and it is currently winding thru the courts. The EEOC is not happy with the company's policy, either. I heard they filed suit against UPS in Chicago. Either way, the company is going to fight her because of the liability issues with having her at work. Its not fair, but that is how it goes. Its a hard fight. Good luck.
curious Wrote:I have a friend who was hurt at work, she said her back hurt, no one did anything, so after some time when it still hurt she went to her supervisor and asked permission to go to the safety director. He gave her permission and the safety director took her to the doctor for her back. The department head was mad that he wasn't made aware of the situation before she went to the safety director. She was put on light duty and allowed to work. That has been 3 weeks ago. Now her supervisor is out for an extended, planned medical absence and as soon as he leaves the department head told my friend she can no longer work until the doctor has cleared her. He said there is no light duty work to be done. She went to HR and they said that he can make that decision and now that he has she cannot work until she has full clearance from the doctor because there is no light duty available. Is this legal?! Sorry for the lengthy post, just want to try to give all of the info. I appreciate any insight!
c5-6 fusion with plating, c4-5,c6-7 herniated. bi-lateral carpal tunnel releases.
 
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