Can I be forced to take fmla

[kevkeegsdad]

I live in Indiana and my employer requires a return to work form be filed and approved before returning to work. I have been placed on 4 hour workdays by my Dr. which is causing my place of business some difficulties they are talking about me taking fmla which would prohibit me from unemployment benefits.
I am the sole provider of a family of four and my youngest has down syndrome.
I don't want to lose my job but i am unsure what my options are at this point.
In October I developed venous thrombosis which led to a clot, I have varicose veins in both legs and have trouble sitting or standing for long periods of time. I am currently on warfarin to prevent clotting but the discomfort in my legs and other issues have led my Dr. to limit my work days since it requires a lot of sitting.
Does anyone know what my options might be at this point?

Kevin

 

[justalayman]

if you are taking time off for medical reasons, you would not be eligible for UI even without the FMLA but regardless, yes, they are required to consider this as FMLA if it falls under leave based on the reasons for FMLA.

 

[cbg]

If you, your employer, and the medical condition all qualify for FMLA and your employer knows it, then they are required by law to apply FMLA whether you want it or not, barring very limited circumstances which do not appear to apply here.

And if you are medically unable to work, then you do not qualify for unemployment regardless of whether you are on FMLA or not.

 

[kevkeegsdad]

Thanks.
I am not taking time off it is more like either you take FMLA or we lay you off/let you go in the polite euphemism.
Thanks just a layman and cbg.

Kevin

 

[justalayman]

yes, you are taking time off:

.

I have been placed on 4 hour workdays by my Dr.

or at least intend on taking time off.

You cannot claim UI if you are not working fulll time due to a medical reason. You must be able and willing to accept employment to be eligible for UI.

 

[kevkeegsdad]

Thanks again.

Kevin

 

[kevkeegsdad]

Just an update. I didn't want to start a new thread.
My place of employment has decided that they want me to take FMLA. My Doctor thinks they should have done it long ago, but now is asking me what date the employer sees as my last day before the FMLA starts. Does an employer have to give you notice they are putting you on FMLA? I know as an employee I am required, if possible, to give 30 days notice. The problem with this is the condition has been ongoing since December. And I have 18 days to return the form to the employer. The doctor and my employer are arguing over dates meanwhile 8 days of my 18 is gone with another 12 + until the doctor says they will have the form finished.
Is there anything I can do?

Kevin

 

[ecmst12]

FMLA will apply from the first day you are out for medical reasons.

 

[kevkeegsdad]

This just keeps getting weirder and weirder. Now my Dr. is suggesting I talk to someone in the County office or a lawyer because the condition has moved from an illness to a disability. I have had four doctors make the same statement, that I am disabled. She claims that since it has been 7 months since the illness that my employer is trying to use the FMLA to squeeze me out of my job. Part of the problem is that my employer has NO ONE with a disability working there...out of almost 200 employees. I'm getting more confused by the day...any suggestions?

Kevin

 

[cbg]

Okay, let's cut to the chase here.

Do you, or do you not, need time off from work for your (or your qualified beneficiary's) medical condition?

Yes or no answer, please.

 

[ecmst12]

In other words, are you 100% able to do your job exactly as needed by your employer with or without reasonable accomodation?

 

[cbg]

Well, that wasn't the direction I was going, but it's also a valid point.