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Can I be forced onto FMLA if not even eligible under the 1250 hour rule?

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Philip N. Beam

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I have diagnosed Anxiety Disorder. I was off on disability from January 21, 2000 and released on July 5, 2000 with restriction against returning to the call center working the phones. They have let me sit out drawing disability since my release. I was instructed 2 weeks ago that I am assigned on FMLA after 10 months out (since November 10). This is to run concurrent with my remaining 1/2 pay disability. They claim there are no open positions based on my current qualifications. My questions are:
1) Aren't they in fact in violation of the FMLA Act since my hours worked during the preceding 12 months amount to roughly 400 hours at the most?
2) Are they trying to circumvent the potential liability against a lawsuit under the ADA by assigning me as FMLA. The notification states that it has been determined that I have a serious illness and cannot perform the essential functions of my job. They have had the medical information on me since day 1.
3) What do I need from my doctor as far as stating that I can indeed perform the essential functions of the job except that she feels I need accommodations due to the high levels of stress. She feels that I would probably work out for awhile but then the panic and the claustrophbia would start up again and I would eventually relapse.
4) I have an undergraduate and graduate degrees that the Company has never utilized. Are they up to no good to avoid having to justify the lack of an alternate position?
5) I am 43 years old with 18 years of service. I feel certain they would prefer I simply go out on a medical. I plan to file suit against what I'm sure are dirty tactics. I have about 2 months left of 1/2 pay. What do I need to do right away?
Where are the labor experts > pro or con? Thanks......Philip

[Edited by Philip N. Beam on 11-25-2000 at 11:16 PM]
 



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