My FMLA expires in 2 weeks, however I have been released for a sit down job only. My position requires me to be on my feet and walking for nearly a whole 12 hour shift. HR states they have "nothing for me". My next Dr. Appointment is not for another 6 weeks, my orthopedic thinks I may never be able to return to my former status and has advised me to look for a desk job. It is unknown if or how long it will be before I am able to stand and walk for a majority of 12 hours or any prolonged period of time. I do not want to sit home and collect disability when I could find a desk job with a comparable salary. I doubt they will ever be able to accommodate me. What can I do? Will I be required to pay back health insurance premiums if I find a new job?
I recommend that you contact a plaintiff employment law attorney in your area for a comprehensive review of all of your employment and disability documents including the FMLA certifications. Based upon what has been provided more factual information is needed. There may be timelines associated and you need a complete copy of your personnel file and employee handbook.
How did you hurt ankle? How severe is the injury? Generally, speaking if you cannot perform the essential functions of your job (with or without a reasonable accommodation) the employer is within its rights to let you go. Keep in mind that a reasonable accommodation is not reassignment to a sit down job. Michigan disability law is not very fair to the employee. A reasonable accommodation is generally something like being allowed to sit down for 5 minutes every hour or an ergonomic chair. If it causes any type of burden either time wise or financially to the employer it generally wont be considered reasonable. You can try and contact the Michigan Dept of Civil Rights at (810)760-2805 to see if they have any suggestions for you. Good Luck
Each employment situation has unique facts and circumstances. This means that information and advice cannot be taken literally and should be used as only informational. The information provided here is not legal advice and should not be interpreted as such.
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