Can my employer deny my return to work? Doctor did a fit for duty certifcate saying I could return.

Employer states the doctor was unclear and she needed more info. and as a result, I couldn't return. The doctor stated I can do light duty,(meaning no strenouous activity). My job doesn't entail doing physical labor at all. I asked her to call my doctor to get clarification, but she did not, and instead, medical records were requested. If she, Personnel Mgr. determines I have a disability, she may provide a reasonable accommodation. I have been diagnosed with conditions that are listed as ADA disabilities and I am being treated. I think I can perform all my major job duties with minimal exascerbation symptoms. I've used an additional 4 weeks off already with no pay under FMLA waiting for more documention. I may need future treatment, and if this doesn't get resolved in 2 weeks, I will likely be terminated due to exhaustion of FMLA 12 weeks, and employer's denial to allow me to return to work. Do I have a case for violation of my right to return to work being denied and other regulations being violated so I can regain that FMLA time back and lost wages?

1 answer  |  asked Sep 9, 2010 09:29 AM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
The FMLA has a set of detailed regulations which employers are supposed to follow. I think you need to see an employment attorney now to go over what has happened with your employer and what you can, should and cannot do. This can only be done individually with the documents and records you have and the sooner the better.

You can select an employment attorney near you at:

posted by Bruce Elfvin  |  Sep 10, 2010 07:18 AM [EST]

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