Legal Question in Employment Law in District of Columbia

W.C./FMLA/ Employment discrimination

I developed carpel & cubital tunnel

syndrome while working as a

pharmacist in a hospital. I use my

hands alot for repetitive work e.g.

typing, taking calls, making

IV drugs etc. I reported to my mgr

who did nothing even though Dr

asked me to wear a brace.

Symptoms got worse and she

suggested filing Workman's comp

claim and Dr put me on medical

leave to rest the hand and do various

tests and arrange for hand surgery.

WC claim got denied and I had to use

my health ins thru work. Dr fixed

surgery date and asked me to return

to work with restrictions and HR

asked me not to return until I have

no restrictions. I s/w my director

and explained that I could still work

as a pharmacist but couldn't do

certain things b/c of my injury. The

nurse mgr from the company that

handles FMLA told me that the

employer has the right to prevent

me from returning to work if I have

restrictions. She also said by the

time my surgery date comes, FMLA

will be used up during recovery and I

would have to reapply for my job esp

since my WC claim was denied. Can

my employer discriminate against

me & not accomodate me if I can

work? What can I do?


Asked on 6/13/07, 6:36 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: W.C./FMLA/ Employment discrimination

Under FMLA, the employee is only entitled to 12 weeks of unpaid leave.

An employee who takes such leave is entitled to be restored to his or her previous position (or one similar) upon returning to work, if the person is capable of performing the assigned work.(Minor restrictions should not be a valid basis for the employer to refuse to allow the employee to return.) An employer, however, is not required to allow an employee additional leave beyond the 12 weeks provided for under the ACT and is not required to accommodate such a request

if such is made to the employer.

Read more
Answered on 6/13/07, 9:41 am


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