FL co. terminated me after FMLA, stating "unable to reasonably accommodate me w/my MD restrictions.

I am a Florida RN. Have been employed with my company for 6 years. Had Total knee replacement and took FMLA starting Sept 21, I have Lupus also. Company dragged their feet in accommodating me with my Dr's restrictions under my job title of Charge Nurse. Company unilaterally extended FMLA and then informed me that my job is no longer available and I must accept a floor nurse position. This required more standing, squatting etc, which my Dr. did not want me to do thus increasing my physical restrictions to work: Stand /walk 0-2 hrs for a max of 2-4 hrs/day with a 15 min break; no kneeling or squatting; may only work 4-6 hrs a day. Company again delayed returning me to work w/ these new restrictions since Feb 9th. Today they emailed and essentially stated they have been unable to identify a reasonable accommodation that would allow me to perform the essential funct. and have terminated me. Any recourse? I have several documented medical issues and feel this in turn with the company's reducing other nurses hours has caused me to be terminated.

1 answer  |  asked Feb 25, 2016 6:48 PM [EST]  |  applies to Florida

Answers (1)

Arthur Schofield
FMLA claims are fact intensive. Your post raises a lot of questions that need to be addressed before any true analysis can begin. However, FMLA does not require that you be accommodated (our disability laws do) or that you be returned to the same position, only a similar one. Seek out an attorney of your choosing to go into this in greater detail. You do appear to have something worth exploring. Best of luck.

posted by Arthur Schofield  |  Feb 26, 2016 06:59 AM [EST]

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