I have been out of work under the FMLA since mid-August. I have tried to come back once under the suggestion of the company that handles the disability claim. But my employer said no unless I'm 100%. I have recently taken an FEC(fitness) test several hours long. I still have some restrictions due to back inflammation. My question is can they keep me out of work indefinate, without pay? Are they required to find me work? I have worked for this company for 2 1/2 years with no absenses, unless personal time was taken.

If your former position is one that requires 100% fitness, they could potentially hold you out on leave. However, it is rare for a position to require it.

Employers don't always understand that requiring 100% fitness could violate the Americans with Disabilities Act (ADA). ADA requires that employers make reasonable accommodation for persons with a disability. If you have a disability (rather than a temporary illness or condition or one that can be corrected), it may be considered discriminatory. You can read more about discrimination on the basis of disability at www.eeoc.gov (http://www.eeoc.gov).

Let me know if you have any other questions.