Legal Question in Medical Leave in Illinois
Forced Medical Leave from the Job
Last September, my left rotator cup was injured...I handle luggage at the airport in the course of my job, but not my primary job function.
The doctor required me to undergo 6 weeks of physical therapy, 1 hour three times a week. I submitted FMLA paperwork to my job indicating that I would require intermittent time off ... ostensibly for PT ... and indicated I could prefrm the preponderance of my job functions as necessary with both arms restricted to 25lbs lifting with my left arm or with occiassion assistance if it were too heavy.
My mnager declared me not fit for work and forced me to take 10 weeks of FMLA leave (I was paid under our collective bargaining agreement as I have accrued 12 weeks of sick time).
I was forced off and required to utilize over 400 hours of my acrued sick time when only about 100 total hours would have been necessary. My company is required under our contract to provide a "reasonable accommodation" did not do so. I believe Iam entitled to receive my accrued sick time ... which is MY earned time ... back that was unnecessarily taken from me when I was ready, willing and able to provide over 90% of my services.
1 Answer from Attorneys
Re: Forced Medical Leave from the Job
Did you ask for an accomodation? Follow the "proper" procedures? If so, probably a violation of ADA - Illinois HRA. Especially true if the 10% could easily be handled by someone else.
Possible complication -- are there governmental standrads for fitness in your job classificatiopn?
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