[Xiabei]

I haven't been "signed off" completely yet, but my doc said I could return to work on limited hours - starting off with 4 a day and then gradually increase.

But today I was told the company won't take me back until I am 100% with no restrictions of any kind. Just wondering, can they do that?

[1171]

(10-16-2012, 08:06 PM)Xiabei Wrote: I haven't been "signed off" completely yet, but my doc said I could return to work on limited hours - starting off with 4 a day and then gradually increase.

But today I was told the company won't take me back until I am 100% with no restrictions of any kind. Just wondering, can they do that?

not really.
ADA rules require that they at least discuss reasonable accommodation even if they decide they "can't" accommodate you.

having a blanket policy requiring a full release is not in keeping with ADA.
you can file a complaint with your labor commissioner.
if your employment is covered by FMLA you should have 12 weeks of job protection.
if you've been off less then 12 weeks they are in violation of federal law.
you can file a complaint.

worker's comp does not require the employer keep a job or create a new one for you. having a claim does not give you immunity from termination.

[Xiabei]

I was going through an employment agency. It was a relatively new job when I got injured, so it's not FMLA.

I just find it odd because after some time off and therapy, I DID go back with restrictions, but the work was too stressful on my injury - so the doc restricted me even more.

After some more time and therapy, he decided the ONLY restriction now necessary was hours - so I don't have any PHYSICAL restrictions on what I can do, he just doesn't want me there 8-12 hours a day to start off. But the company is now denying me because they don't want restrictions on hours.

I called a lawyer's office just to try to get an answer; apparently these days a lot of companies are doing the "100% or nothing" thing, rightly or wrongly.

I guess the only thing I can do is wait for my next doctor's appointment, or call the doc and try to get him to lift the restriction early - it's just that he gave me that restriction for a reason. I just think it's lame that the company can say "You can't come back until you can work all day." It's a big place, there's lots of people; allowing me reduced hours would in no way create any kind of hardship for them.