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FMLA QUESTION
#1
HEY GUYS AND GALS,HOPE EVERYONE IS DOING WELL TODAY...MY QUESTION IS THIS,WHEN I WAS ASKED TO TAKE FMLA IN APRIL BY EMPLOYER,I HAD A MODIFIED DUTY RELEASE TO RETURN TO WORK UNDER RESTRICTIONS FROM W/C DOCTOR,WELL FMLA HAS RUN OUT IN JUNE,YET MY EMPLOYER WILL NOT REINSTATE MY JOB POSITION BECAUSE OF THE WORK RESTRICTIONS,BUT HAVE NOT BEEN TERMINATED.IS THIS LEGAL AND SHOULD I REPORT THIS TO THE DEPARTMENT OF LABOR. THE WAY I READ THE LAW IS THAT AT THE END OF FMLA YOU SHOULD BE REINSTATED TO YOUR OLD POSITION IF YOU ARE ABLE...IS THIS RIGHT???????
 
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#2
Are you able? If your restrictions make it impossible for you to perform your old position, I don't see a violation. You should still be able to get your wage loss from WC.
 
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#3
When you under restrictions, your employer may not see you fit as you where prior your injury. Therefore leaving the ball still in their court so to speak. But I don't see anything illegal as of yet.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
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#4
Timothy Belt Wrote:Are you able? If your restrictions make it impossible for you to perform your old position, I don't see a violation. You should still be able to get your wage loss from WC.

I BELIEVE I WOULD BE ABLE IF THEY ALLOWED REASONABLE ACCOMODATIONS AND FOLLOWED THE RESTRICTIONS,AND I AM CURRENTLY RECEIVING TTD BUT THERE IS A BIG DIFFERANCE IN WHAT I MADE BEFORE AND TTD.ALSO BECAUSE EMPLOYER IS NOT ALLOWING ME TO RETURN,AND BECAUSE I HAVE LIGHT/MODIFIED DUTY RELEASE WITH RESTRICTIONS, MY TTD IS GOING TO BE REDUCED TO TPD WHICH IS ALSO A BIG DIFFERANCE. THANKS FOR YOUR RESPONSES
 
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#5
Truckster

I too had restrictions that my employer said they couldn't accomodate. It's their business and they get to choose if they can accomadate you or not, providing they don't accomodate others just like you and just refuse you. Nothing illegal about that here in Illinois. So they severed our relationship. I would have been happy if they would have left me on the payroll, that way my insurance wouldn't have had to go to COBRA.

dsny1mom
 
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