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FMLA/Work Comp. in Illinois

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  • FMLA/Work Comp. in Illinois

    A metal loading dock plate crushed my foot and I've been out on workman's comp for almost five weeks. I got a paper from the US Department of Labor saying I'm on FMLA leave for 12 weeks. My question is what if I'm not ready to resume full duty at work by then, Ive already been told there is no light duty for me to do at my job. If my doctor writes a note saying my time needs to be extended past 12 weeks can they fire me since my FMLA time is up? I'm missing something here cause i already got my time off my second job extended because my doctor wrote me a note..........I'm on ADA leave from that job........got that extended to thirteen weeks off if need be. So if a doctor says you need the time off (especially cause you got hurt at that job) does that override the limit of FMLA leave? I have scoured many webpages and cant get an answer. If anyone can help me I be most appreciative. Thank you.
    Last edited by ppickly; 05-03-2011, 09:03 PM. Reason: poor grammar

  • #2
    It might have been a federal template form, but it did not come from the DOL. They don't make that decision, the employer does.

    If your FMLA runs out and the employer has no light duty work for you, yes, they can let you go. The employer is not required to create a light duty job for you, or to give you priority over other employees to do so.

    And I'm curious why you have been granted "ADA leave" from your second job. They may have given you extended leave to deal with your injury, but the ADA does not require "leave" at all. In fact, a temporary inability to do your job generally does not even fall under the ADA.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Being termed will not affect your worker's comp claim. Until the doctor releases you to work you should receive lost time payments.

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      • #4
        I got a paper from the US Department of Labor saying I'm on FMLA leave for 12 weeks.
        Are you a government/Federal employee...?
        Do you have a CBA/collective barganing agreement in place, a union contract?
        There may be job protections there beyond what FMLA provides.
        And, if you are fed, Illinois WC is not relative to your claim.
        My question is what if I'm not ready to resume full duty at work by then, Ive already been told there is no light duty for me to do at my job.
        Actually, it doesn't matter what your feelings are regarding your return to work, or ability.
        Those are medical dectermination, only your Dr can certify disability benefits are due. If your ER cannot provide the light duty accommodation, you would remain TTD until you have reached MMI/Max Medical Improvement.

        FMLA - Family and Medical Leave Act
        TOP 20 FMLA QUESTIONS
        http://www.hrresource.com/industry-t...ID=22883406021

        FMLA and questions on the Act...http://www.dol.gov/compliance/laws/comp-fmla.htm
        There are no 'extensions' to the 12 weeks.

        If you are under IL jurisdiction..WC is here http://www.iwcc.il.gov/handbook020106.pdf

        Facts About the Americans with Disabilities Act http://www.eeoc.gov/facts/fs-ada.html Your second job ER may be granted an extended leave as "reasonable accommodation" due to your injury... there is no such thing as "ADA leave" though. And only if your injury qualifies as a "disability" under ADA definition would the law apply to you.

        Have you consulted with a WC atty? There is no cost for this and a fee would only be due if you have PPD indemnity recovery.

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        • #5
          Thanks for the responses....

          I appreciate it guys.....talked to my managers today....they all seem to think I can't be fired cause I'm on WC, and they think my DM would call in to pull strings if the company was going to do so. Seems like they wouldn't want me gone. Tommorrow I'm going to talk to our HR department and see what they say. DM's secretary told me to call her if the answer I get isn't satisfactory.

          The job that gave me ADA approved my leave as a reasonable accomodation.

          Thanks again guys.

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          • #6
            And I'm not a federal employee.

            And I'm not a federal employee.

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            • #7
              .......they all seem to think I can't be fired cause I'm on WC, and they think my DM would call in to pull strings if the company was going to do so.
              It would be illegal to terminate you DUE to the injury, or for filing the claim for WC benefits... once you are past the 12 weeks FMLA provides...there is no job protection. WC doesn't address lay off or termination, or employer paid benefits for that matter.

              Any continued employment, or termation issues are between you and the ER.
              If you feel there is harrassment or discrimination here... file with the WC claim/board, or EEOC.

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