returning to work

[mrsnshick]

State: Pennsylvania My husband was injured at work on 3-11-02 loading trucks with carpet padding. Dr. limitations kept him out of work for 6 weeks. Then he was called back to work with no overtime driving forklift (used to get about 15-20 hrs O.T. per week). Dr. released him to go back to work but employer said he hasa to stay on forklift because they don't want to retrain him at his loading/unloading job that he did for 16 years. They took people off the street to do his job while he was out on leave (worker's comp). Does he have a right to get his job back that has overtime pay or does he have to stay driving forklift at 40 hours? Thanks for any info.

 

[Beth3]

Do you know whether your husband's employer designed his six week medical leave as FMLA? If that is the case, they HAVE to reinstate him to his former job, unless his position would have been eliminated or changed even had he not taken leave.

Regarding the W.C. claim, if they have transferred him to another job in retalliation for making a claim, that is very likely prohibited by your State's W. C. reg's. Whether your reg's also require they return him to his prior job (assuming he has no work restrictions that would prohibit that), I don't know. You can always call your State's Worker Comp division and inquire.

 

[mrsnshick]

He filled out a FMLA paper requesting a leave from the date of the injury to the date of his first doctor appointment because that was the info he had at the time. FLMA was from 3-11-02 to 4-4-02. He did not return to work on the forklift until 4-22-02 but never filled out another FMLA form extending his leave. Does this change things? Thanks for the help.

 

[Beth3]

I suspect it does. Even if he didn't fill out extension FML paperwork, he was clearly on FML leave and the employer was aware that the entire six weeks was due to a "serious health condition" as defined by the FMLA.

That means they HAVE to return him to his prior job or one of similar pay, hours and stature if he's back to work with in 12 weeks, provided business conditions would not have dictated changes (such as a job elimination or layoff) that would make that impossible and that would have occurred even had he not taken the leave.

Your husband has two ways to go here. Information on the FMLA is readily available via the internet. A simple search should turn up reams of information. He can take that to the appropriate person at work and point out that it appears there was a violation of the FMLA and he's bringing it to the company's attention to give them a chance to correct things, as he'd prefer to handle the matter on a friendly and informal basis.

Option two is go directly to the federal Department of Labor and file a complaint.

I tend to think trying to work things out directly with the employer before going to the gov't is usually the better approach (except in egregious situations), so that would be my suggestion. It's up to your husband of course. If he does go to the employer and they don't make things right, then he should immediately contact the federal DOL.

 

[mrsnshick]

Thank you for your help - we did get more info from internet and he will go to his employer with the info we got and that you gave. Thanks for posting replies so quickly. It was of great use.