Legal Question in Medical Leave in Arkansas

Emloyer compelled leave

I HAVE A CRONIC BACK PROBLEM. DIAGNOSED 5 YEARS AGO AND HAVE RETRAINED TO WORK IN CLERICAL FIELD. IN MARCH HAD AN ILLNESS THAT REQUIRD LEAVE FOR A SPECIFIED AMOUNT OF TIME 1 MONTH. 2 DAYS BEFOR MY RETURN EMPLOYER NOTIFIED ME THAT I HAD BEEN REPLACED(BILLING CLERK)SAYING THAT THEY DIDNT KNOW WHEN I WAS COMONG BACK(BS DR NOTE SPACIFICALLY DATED). MY BACK CONDITION WAS DISCLOSED ON THE APPROPRIATE EMPLOYMENT FORMS PROIR TO MY EMPLOYMENT. tHE JOB I WAS GIVIN UPON MY RETURN WAS MANUAL LABOR ON THE FACTORY FLOOR AND WITHIN WEEKS I WAS IN SO MUCH PAIN. I RESEARCHED THE FMLA AND DISCOVERD THE JOB HAD TO BE EQUIVILENT I APPROCHED HR THEIR RESPONSE BOTH ARE HOURLY?? I ALSO REQUESTED RESONABLE ACOMIDATION(ADA)HR REPLY RESTRICTIONS OUT DATED. i WENT BACK TO MY ORTHOPEDIC DR AND HAD RESTRICTIONS UPDATED AND MADE PERMANENT(NONE OF THE RESTRICTIONS AFFECT A CLERICAL POSITION). HR FORCED LEAVE AND DEMANDING I GET CERTIFICATION FROM THE DR. I PRESENTED DR WITH FORM TWICE HE REFUSED TO DO FORM SAYING HE WOULD SUPPLY ME WITH FORMAL LETTER EXPLAINING CONDITION AND RESTRICTIONS IN DETAIL. HR SAY MUST HAVE FORM. MY FIRST LEAVE FOR ILLNESS HR DIDNT ASK FOR ANY CERTIFICATION!!!

WHAT CAN I DO? IWOULD LIKE TO STAY (GOOD BENNIFITS)


Asked on 9/07/04, 9:16 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Emloyer compelled leave

Your rights under the FMLA may have been violated. The FMLA provides that an employee can take up to 12 weeks of unpaid leave during a 12 month period for the employee's own serious health condition. Depending upon whether or not your condition qualifies, you should have been returned to your same or an equivalent position. Equivalence is not measured solely in terms of pay scale as your employer seems to be indicating.

You can file a complaint with the Department of Labor. I would recommend that you first consult with an attorney to discuss your situation. If you would like to consult with us, I can be reached at [email protected].

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Answered on 9/09/04, 4:20 pm


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