Can my employer deny me coming back to work while on FMLA ?

My fiance was injured OFF the job on March 18th 2013. He broke his wrist, was in the hospital until the 20th. He ended up going back to the hospitalMarch 29th 2013 and had surgery and was released March 31st, 2013.

He was given a release from his Dr on the 4th to return to work with light duty. His manager stated he had paperwork he could do nothing with heavy lifting. Human Resources denied him returning because they stated they "did not have work available for him and to let them know when he had his follow up appointment."

I contacted the Attorney General office for Arizona and they stated "Whether hurt on or off the job, the mployer must accomodate the employee with work. Otherwise it is discrimination. Especially since they are providing a Dr's note. And since he is covered under FMLA with him employer".

We filed unemployment at this point. We need something.

He had a follow-up appointment Yesterday, 4/10/13. His dr removed his cast, his stitches and he is wearing a removeable wrist brace. His Dr, yet again, provided his work with a letter stating his is able to return to regular work with the exception of exceedingly heavy lifting of his left arm.

He called HR yesterday and today and they ignored his calls. He drove over there talked to his boss and his boss said he has work for him where there is no lifting and basic work taking care of his department but that HR will NOT ALLOW HIM TO COME BACK. They said, "Once you are 100% healed, then you can come back." They should have said this in the first place AND, it could take MONTHS AND MONTHS or even a year for him to be back to his regular strength prior to this accident happening.

At what point is it "Okay" according to his employer for him to be back? He has provided TWO Dr's notes stating he is able to return. They said he is healing great, he's doing physical therapy and is doing good!!


He is now talking to human resources as i type this.
I am SO extremely aggravated!

I feel that they are hoping he just quits.
My question is, can they deny him work under the civil rights act which is ALSO in the employee policy handbook.
Would he qualify for unemployment?
Is this discrimination?

He has NEVER gotten written up. He is close with his boss and let him know almost a year ago that he was wanting to find a new job closer to home and his boss told him they really want him there and will give him a raise, so he stayed.

He's been there for 3 years and is pretty much the main person in his department.

Any information, details or answers would be greatly appreciated!!

Thank you!

(This employer DOES qualify under FMLA, and is a HUGEcomany within the state of Arizona with more than likely OVER 2,000 employees)

0 answers  |  asked Apr 11, 2013 11:57 AM [EST]  |  applies to Arizona

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