wc, fmla, ada???

[mannymecman]

Hello;
State --Nevada
question on work comp---date of injury 1-28-2009---light duty until march 2009--surgery on may 15..employer sent me home on march 18--the employer then used fmla leave for the wc injury---until july 20, when they informed me that the fmla was all used up and that there is no guarantee of my old position--I came back to work on the 20th for two weeks and the the employer told me that the light duty is done and told me to wait for them to call to come back to work...my question is this - I did not asked to be off for the wc injury nor did I request for fmla for this injury- I notified my employer of ada issues that I have that may require fmla back in march then they sent me home for the department did not have light duty for me...the restrictions that the doctor had put me on was for the lomited use of the right arm, shoulder and hand... Is this a violation of WC, FMLA or ADA rights??? again the state is Nevada....I know that they can use fmla concurrently with wc nut if the worker has other issues that the ada or the fmla is covered under can they utilize up the fmla with a work comp????
Oh by the way just prior to being sent home in march I had complained about my supervisor and the department manager for harassment which I am also claiming that this is retaliation on their part...I work for a city entity and represented by a teamsters union.
Can anybody help or respond to this??
Thanks
M

[1171]

you should review the FMLA regs to determine if they were applied correctly by your employer.
http://www.dol.gov/esa/whd/fmla/
you can file a complaint with the Dept of Labor if you believe there was a vioation.

[mannymecman]

employer is a city entity--DOL wants nothing to do with my issues...I filed EEOC but its a time issue...eeoc takes a long time. meanwhile the employer is not putting me on light duty status as doctors restrictions.. 66 2/3 percent is difficult as I am the only wage earner - I also have 2 college students which makes my situation even worse. The union tells me that the employer has discretion on the light duty status. The real issue here is i was sent home because of a wc injury, the employer placed it under fmla and did not properly notify me nor did they notify me that I had used up all the fmla hours. and the employer refuses to honor the light duty restrictions by telling me there is no light duty at all- this is a city entity, unbelievable....union is no help so where can I go for help??

[mannymecman]

Oh thanks 1171
mmm