My employer is delaying accommodation after FMLA. They also

Was suppose to return to my charge nurse position after FMLA. Employer just informed me that they have reclassified my position to a floor nurse. My doctor has given me restrictions, but employer is delaying my return to work. I have Lupus and other medical issues.

2 answers  |  asked Feb 11, 2016 10:26 AM [EST]  |  applies to Florida

Answers (2)

Archibald Thomas
In addition to the rights you have under the FLSA to be placed in the same or similar position, you may also have rights under the Americans with Disabilities Act to require the employer to provide you with any reasonable accommodation necessary to enable you to perform the essential functions of your job.

Archibald Thomas
Board Certified Labor and Employment Lawyer
4651 Salisbury Road
Suite 255
Jacksonville, FL 32256
904-674-2222
www.job-rights. com

posted by Archibald Thomas  |  Feb 11, 2016 11:32 AM [EST]
Arthur Schofield
FMLA requires that an employer return you once you are cleared, but not necessarily to the exact position you held. Something similar complies with the law. You may want to consult in greater detail with counsel on how to best address the employer.

posted by Arthur Schofield  |  Feb 11, 2016 10:51 AM [EST]

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