Rejecting FMLA while out on Workers Comp

by Please help!
(Brooklyn, NY)

I live in New York and injured my back on the job in October/2009. I was out on medical leave until January 4, 2010 receiving workers comp. I returned with light duty restrictions per my doctor. I received a call on January 8, 2010 from HR stating that they could not accommidate my light duty restrictions. And I could return when better.

So, I've been back out receiving workers comp. I received a call because my one year annivarsay will be coming up the end up February that I will be received FMLA papers.

I want to refuse FMLA. I may need for a later date for back surgery. And quite frankly, I am able to work. Of course light duty, but there are plenty of jobs that can accomidate my light duty restrictions. I also have been looking for another job. Just not successful yet.

If I refuse FMLA and get fired. Will I be eligible for unemployment until I find another job.

Thanks!


Hi,

You know what .. I think you need to talk to a lawyer. I do not understand how this employer can put you on FMLA when you have been release to work by your doctor and are able to work.

The fact that they cannot provide light duty work for you makes me think you should file for unemployment in the morning .. based on what the employer has told you.

I think that if you are able to work and the employer will not put you back to work you will get benefits .. I'm just not sure whether you should call it a lack of work or a discharge .. since the employer is trying to prevent the end of your employment with some bogus FMLA paperwork and they said they would put you back to work when you can return to full duty.

But because worker's comp is involved .. I really think you should talk to a lawyer .. I just don't know much about worker comp.