Fmla

[dorothy13]

What is the name of your state?
New York
I'm currently out on FMLA- my position has been filled due to my doctor's restrictions- I will never be able to return to this job. Does my place of employment have a legal responsibility to give me a job that I can do?

 

[cbg]

The answer to your question depends on facts not available in your post.

1.) Will you be returning to work within the 12 weeks offered by FMLA?

2.) Does your current condition significantly affect a major life activity?

3.) Is your current condition temporary or permanent?

4.) Are there any open positions for which you are qualified and which are within your restrictions?

5.) Was your injury or illness work-related?

 

[dorothy13]

New York-
1. Will you be returning to work within the 12 weeks offered?
I have been on FMLA since 1/19/05- my place of employment extended my leave another 12 weeks due to me having so many restictions I could not do the job- they gave my job to someone else and extended my benefit for 12 more weeks.

2. Does your current condition significantly affect a major life activity?
I suffered a TIA (mini-stroke) due to high amounts of stress caused by the job and the fact that I am an Insulin dependant diabetic (I have had diabetes for 37 years) I have fully recuperated and suffer no permanent affects.

3. Current condition= I will always be a diabetic- I need never suffer from a stroke again as long as I keep my stress levels down.

4. Are there any positions that you are now currently qualified and which are within your restrictions?
I was just interviewed for a position for which I am highly qualified and this position is within my restrictions.

5. Was your injury or illness work related?
I beleive it was, however the doctors opinion is that my overall life at the time was to blame- stress, stress, stress....

My question to you now;
Are they required to give me this job due to such things as seniority, qualifications, education, and restrictions? There is nothing about this new position that I am not qualified to do- I've already had my interview.

 

[cbg]

No, they are not required to give you this position. Since you have been out longer than 12 weeks, they are not required to give you any position.

It was nice of them to give you an additional 12 weeks. However, only the first 12 weeks comes with any protections. While they are at liberty to give you as much time off as they want to, if you exceed 12 weeks your right to a guaranteed position is exhausted.