While out on FMLA due to an auto accident I attempted to return to work within the 12 weeks with light duty the 1st 4 weeks and

Asked over 3 years ago - Virginia Beach, VA

regular duty there after per doctor's return to work certification. My employer stated I was not allowed to return to work because i wasn't hurt on the job and 100%. I've requested documentation from HR because nothing in policy verifies this info. I was terminated from the company on June 25 two months after the exhausted 12 weeks of FMLA due to not returning to work and voluntarily quit, although i attempted to return to work. Do i have a case for....

Attorney answers (1)

  1. David Guy Carter

    Contributor Level 10

    Answered . FMLA requires essentially requires your employer to preserve your job for you, assuming your leave qualified for FMLA. If your doctor limited you to light duty work, your employer could reasonably say that you couldn't work if there are no light duty jobs. After that, you were cleared to return for regular duty. The fact that you were not hurt on the job makes no difference - that would only apply to a workers' comp claim. There may be a claim for violation of FMLA. You should contact an attorney as soon as possible to analyze your situation.

    This information is provided for general discussion purposes only. Nothing contained herein constitutes legal... more

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