Legal Question in Employment Law in Texas
Unfair City
I had an on the job injury 2 years ago. I went back to work last november and have worked since with no problem. approx. 1 week ago I had a seizure which was unrelated to my previous injury. My employer is telling me that they can not create a light duty position for me, even though my treating physician has released me for light duty. When I was injured at work they created a position. They placed me on fmla and say the only way to get paid is to use up my sick time. they say in 12 weeks 3 doctors, none of which is a neurologist, will evaluate if I can come back or if I have to resign. Is this legal?
1 Answer from Attorneys
Re: Unfair City
If you are on FMLA leave, your employer is required to give you your previous position back or a comparable one when oyu return at the end of the 12 weeks. However, while on FMLA leave, your employer does not have to pay you. Additionally, even though you have been released for light duty, the law does not require your employer to create a light duty position for you.
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