Question about FMLA - Printable Version
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Question about FMLA - Tuffy - 07-15-2007 12:39 PM
I was just reading a link that Bad Boy posted on FMLA, a Gov site. It was under the restoration of Job after FMLA and states that the employer MUST restore the employee to his/her original position or equivalent position, then it goes on to talk about Key employees, which I think they mean saleried employees, I was told there were no lite duty positions, and was never called about a lite duty position, I did receive a letter from my dept manager statting that they could no longer hold my position, This letter was certified and sent 2 or 3 days before my leave was up, Then after being released to return to lite duty 12 weeks and 3 days I received another certified letter from my HR Dept stating I had 30 days to find a position or my employment would be terminated, Now my question is if the employer has to reinstate me to a position acording to the FMLA how can they require me to find my own position? Hope I,am making sense, My employer never tried to find me a position, just stated they had nothing. I,am a nurse and worked for a large health org, Hospital, Clinics, home health care agency, and there were no positions! common now. Would this be in violation of the FMLA policy on my employers part?
Is this a labor issue or WC or both or was I reading and missunderstanding the FMLA rules?
RE: Question about FMLA - Bad Boy Bad Boy - 07-15-2007 11:21 PM
Tuffy, good point, but as you can see the FMLA, can run concurrent in the event of a work injury. Then we have to understand that we then are to deal with WC State Laws and Rules, then the FMLA Federal Laws and Rules. Two total different Laws and Rules. The employer, in your case is stating apply with them for new employment, and if they then hire you, then you have a job. In general, little else you could have done.
RE: Question about FMLA - Tuffy - 07-15-2007 11:36 PM
Thanks BB, I don,t plan on going back to work, But I just found my situation interesting, In other words your damned if ya do damned if ya don,t The IW has to abide by the employers rules and what ever there policies are.
RE: Question about FMLA - capricorn - 07-16-2007 07:00 AM
Tuffy......My FMLA also ran concurrant with my WC injuries. I haven't been terminatied at thispoint BUT supervisor has already stated there is no light duty work so I know I can never return there. This is what I am finding intersting in my case. My employer ALWAYS pays the IW benefits as long as the case ins't denied and the employee is on paid leave. I have seem employees be on WC and have full benefits paid but the employer by up to 5 years. This is the norm with them. I am curious to see what they do with my benefits since I have been on unpaid leave since Oct. and paying my own. Now when the IC starts to pay me I am then ( and keep in mind they will have to pay me back to the date of the injuries) no longer on unpaid leave. Will my employer reimburse me for all the money I paid in benefits????Will the start to pay them as long as WC is paying me????? I have no idea how this will play out but attorney tells me if this is what they do for all IW they can't signal me out and refuse to pay mine. I feel when it comes to that they will terminate me. It's all such BS>