I was out on fmla until last month. I have exhausted my fmla but the dr allowed me to return to work part time so i can continue the physical therapy required to regain full use of my arm. Today i was advised that i .ay be required to take the time needed without pay or return full time which i then can not so my therapy. Are the allowed to do this? I have been doing everything eveyone has asked of me and honestly cannot afford to take the time without pay as i will then only make enough to cover the health insurance. And i dont want to put my health on the back burner becuase they say so.
It depends. Are you under workers comp or FMLA? FMLA is not supposed to be used as time off for injuries, but if you were injured outside of work and they have allowed you to use FMLA to recover, and your FMLA is exhausted, your employer doesn't have to pay you. The only way they count NOT require you to return to work full time would be if you had been injured on the job, because the Doctor issued restrictions (part time). That doesn't sound like the case, so you may be out of luck. At least they are giving you a choice of continuing your recovery without pay...they probably don't have to allow that.
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