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? about FMLA/light duty restriction North Carolina

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  • ? about FMLA/light duty restriction North Carolina

    I have been employed for the same company since 2004. I have been on FMLA since September, I have used all of my STD and was on co paid LTD until I returned to work a week ago.

    My dr. initially released me to work part time for 3 weeks in October, so I would be able to pace myself and reduce any flares (I am diagnosed with MS and a seizure disorder...) My employer chose not to accept the part time work and I remained off work until last week. I requested my doctor release me to work full time a week early, because I felt an obligation to my employer to try and get back to work asap.

    After 4 days of 9+ hours in a physically demanding job, I realize that I can't work these hours without an accommodation to limit lifting and climbing. In the past, my employer did not approve accommodations as they are deemed critical job functions. If my employer refuses the accommodations and my FMLA runs out, I suspect I will be terminated. My question is this, would I be eligible to receive unemployment compensation while I look for a job suitable to my physical limitations?

    Thank You...

  • #2
    Yes, so long as you can do some work. If you are totally disabled, the answer is no.
    Bob Bollinger, Attorney
    Board Certified Specialist in NC Workers' Compensation Law
    Charlotte, NC


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