FMLA violation, what should I do.

[itzobi]

Once again, FMLA is medical leave ONLY and does not entitle you to any work modifications, light duty, or changes in duty. If you need to be off work entirely, that's FMLA.

If you have a long term or permanent disability and need modifications or accommodations, that's the ADA. However, the ADA does NOT cover short term disabilities. For this purpose, short term would include pretty much anything less than six months.

Everything else is a matter between you and your employer and is not a legal issue.

Because it is not a legal issue, you are free to see whatever doctors you want and as often as you want. Since you've already turned in your FMLA forms and neither the ADA nor workers comp applies, the law doesn't care what doctors you see.

ok good then I will proceed diligently to have all restrictions lifted so I can return to full hours, they are interpreting these as self imposed, because I was being too honest with them about how the doctor came up with them, I have a big mouth apparently and I need to work on that, honesty is not the best policy in this case. I just hope they dont have something else up their sleeve after I give them the new note from the new doc or chiro

 

[army judge]

I just hope they dont have something else up their sleeve after I give them the new note from the new doc or chiro

I don't think a chiropractor can release you from the restrictions imposed by a medical doctor or an osteopathic physician.

 

[cbg]

And also remember that if you re-injure yourself as a result of going to full hours against medical advice, you will NOT have any legal recourse against either the doctors or your employer. Depending on the exact facts you *might* be eligible for workers comp. But you will not have any grounds to sue anyone.

Also keep in mind that FMLA covers 12 weeks per 12 month period (however your employer defines a 12 month period). You do not get 12 weeks per injury or 12 weeks per qualifying condition - you get 12 weeks.

 

[itzobi]

I don't think a chiropractor can release you from the restrictions imposed by a medical doctor or an osteopathic physician.

What about from my new Primary Care Doctor that I selected, I don't see a regular Dr. all the time, other than my back prob. I have minimal health issues so there has been no need.

http://www.dol.gov/owcp/dfec/regs/compliance/DFECfolio/FECA-PT3/

This lists them as physicians. Its his opinion over the Pain Doc, who could barely perform the mobility exercised with me to help figure out where my problem was even isolated, hes a pill mill from the looks of it in the lobby, people that seem fine walking in and out with their prescriptions.

 

[itzobi]

And also remember that if you re-injure yourself as a result of going to full hours against medical advice

Thats ok, they werent really anyones medical advice, only a precaution I was taking until I was able to get the MRI back and get some information on the diagnosis and exam information from the pain doc, he indicated that I have full range of motion and nothing significant with any numbness or loss of sensation, even though I do its just intermittent at the moment. My employer kept asking me over and over again as to how these restrictions were on my notes, they didnt like how I told them I was asked what types of restrictions I needed, but thats just how the medical office is, if you dont speak up, well then your back to risking more damage on the job. All I thought was because I was able to do this a couple years back and was given an office job, that I would be able to do it again. But my boss just thinks I am trying to get out of work when in reality I knew I couldnt handle it, and needed a firm diagnosis in the meantime.

I asked the HR mgr if it was ok to use my chiro to have a new doc note with lifted restrictions, she said she needs to get back to me, they cant force me to keep going to this place, the staff and Dr at the pain place that wrote those restrictions has told me that they arent changing them at all, because they are most likely sick of me, my phone calls, and the HR manager sending them letterheads with negotiating increased restrictions. They told me that the Pain Dr. doesnt normally fill out paperwork like this or write light duty notes or fill out short term disability paperwork, only your PCP does that. Well, I had a bad visit with the first PCP doc and she only wrote me temporary FMLA and crossed out all my restrictions because I told her I wanted to try home therapy at first to allow the flare up to heal and take it easy at work, she disagreed and wanted to send me to the pain place for all their quack medical science that often makes things worse down the road. My HR mgr has not been forthwith about what her intentions have been, she is just playing games, leading me to believe I can be on light duty, and then provide it but only part time, they are forcing me out of my job by doing this and they know it because I told them already I am in a leave without pay status due to her sending me home for days on end while she "works" on my fmla docs and hounding my Doctors office badgering them about the restrictions, saying things to them like its "all or nothing", both my boss and HR mgr, this is total BS, I even emailed the HR Mgr and asked her why she was telling my Doctors office that its "all or nothing", how could someone just 1 year ago been on modified duty for months on end and was able work the full 8 hours just like I did when I was on modified duty 5 years ago, and now I try to take care of a problem and she turns on me. I understand that this is not covered under FMLA, and the ADA may be implicated I dont know, I can lift the required weight but if my condition progresses further I will be seeing the doctor again, apparently they only take you seriously if you are totally jacked and cant walk, and have trouble with movement. All I was doing was trying to play it safe, now that I at least have a diagnosis Im gonna take go at work as best I can to keep on with them

 

[Disabled Vet]

The restrictions are going to stay by the first doctor.... REASON: Your company knows that they are there. Even if another doctor releases you... Your company could say sorry... but we are going to follow the first doctor guidelines. If they followed the 2nd doctor that gave you a release.... You get hurt on the job... the fear is that you will come back and sue them. Using the guidelines the 1st doctor put in place. saying that you were pressured into getting a doctor to release you. I have gone down this path.... One doctor put restrictions on me... 5 I repeat 5 doctors gave me FULL release. the company stayed with the 1st doctor statements. The only thing that saved my butt was it was an on the job injury. So we had a hearing... in which the judge told the company to allow the other 5 doctors reports.

I honestly think your confused.. FMLA isn't for restrictions at work. The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year.

What your looking for is information at http://www.dol.gov/dol/topic/ under the Disability Resources Section.

 

[itzobi]

The restrictions are going to stay by the first doctor.... REASON: Your company knows that they are there.

They do, but they also know that I am the one who mostly came up with them with the staff, because that's what I told them bothered me at the moment.

I cant hold out until further into the month, I will become homeless with a family of four, especially if the pain doc refuses to lift the restrictions that he didn't really even come up with in the first place on our next visit.

I know its not for restriction at work, my work used to have a form that we used if we were coming back on transitional duty, the HR Mgr said they dont use it anymore, so they listed it in the fmla docs.

 

[itzobi]

The restrictions are going to stay by the first doctor.... REASON: Your company knows that they are there. Even if another doctor releases you... Your company could say sorry... but we are going to follow the first doctor guidelines. .

That's precisely why I asked them what their terms are for full time hours but with some form of restrictions to allow for full time work, and asked up front if I would be able to bring in a new note from either my Chiro or PCP. I will await their response, I was afraid of that....

The whole thing has me stressing on so many levels I'm losing it, from the symptoms to the diagnosis, the hassle at work, all this in the last 3-4 weeks, i cant even sleep now.

 

[Disabled Vet]

I have been a cripple since leaving the military in 1985.... Spinal cord injury, but was still able to work full time. I have NEVER used FMLA for restrictions for work duties. Only used ADA laws, Employee rights, Ombuds board.... I wish i was close enough to review your paperwork....

Again... OFF FLMA site:
Reinstatement after family medical leave is limited to employees who can return to work and resume their normal job duties, in most cases. Employers have the right to terminate employees if it is shown by documentation that the employee is no longer able to fulfill his duties. There are limitations, however, that may be covered under the Americans with Disabilities Act, which require employers to make reasonable accommodations for employees who have a disability. The test in these cases is that the accommodation does not place undue hardship on the employer.

You applied for FMLA so that you could heal from injury... This could be granted for up to 12 weeks per calendar year. During this time... Your doctor put restrictions on you. You wanted to go back to work with those restrictions... Your company said "NO" unless they were lifted to their requirements. This isn't FMLA........ It's just the company saying.. "HEY DURING YOUR TIME OFF FOR FMLA Your doctor put these restrictions on you... We don't allow these types of restrictions.

NOW.... If.... IF.... you can get your doctor to say... These restrictions are FOREVER... then maybe... BIG maybe... You can require your company to provide what is considered REASONABLE ACCOMMODATIONS. This would be under the ADA (Americans with Disability Act) not FMLA..

I am a cripple as I stated above... I have walked the path your on.... So i can say this... This is the way it's played out...

Now.... maybe your company is playing you. Allowing you to think it's FMLA so that you don't REALISE that you have possible case under the ADA laws. I don't know... without seeing your papers. Because the way you have explained it.... doesn't make sense as it's not the process...