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Ask Tina Your Own Question
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I developed degenerative discs after working in a sedentary

Customer Question

I developed degenerative discs after working in a sedentary job for a year. I got a doctors order recommending that I get a stand sit station and gave it to my employer in April 2011. It has been almost a year and nothing has been done. No ergonomic evaluation by anyone. I was then told by my surgeon that I needed to go through physical therapy before considering surgery. My company would not allow me to work my hours (a full day) so that I can make my PT appointment. I was told by my manager that this was not a workers comp claim and therefore they would not be flexible. I drive 4 hrs to work and back and work 8- So I filed a workers comp claim. The lady came out to take a statement and quicly shut it down once I admitted that the claim was filed after I was told that my company would not allow me to come in early or later so the I could make my appointment. I want to know 2 things. As my doctor agrees that the prolonged sitting is part of the problem is this a valid claim? the other is I am considering quitting my job due to the fact that I can no longer handle the pain. What rights do I have and who should I contact about them
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Tina replied 4 years ago.
Hello and welcome,

Does the employer have at least 50 employees?

Customer: replied 4 years ago.
My company has 80 branches across US and Canada - overall yes - just my branch no
Expert:  Tina replied 4 years ago.
I see.

This may not involve a worker's comp claim unless your physician can indicate that the condition is being aggravated by your working conditions.

However, under the federal FMLA, employees who have worked at least one year for the employer and a minimum of 1,250 hours during that year are typically entitled to FMLA leave time for a serious health conditions, which can be taken in increments to permit you to go to PT. The employer cannot deny FMLA leave if requested and the statute prohibits employers from retaliating against employees for taking such leave.

In addition, if your condition substantially limits one or more major life activity, you would normally be protected under the ADA, another federal statute, which requires the employer provide the working stand you requested as a reasonable accommodation, unless it would be an undue hardship to do so.

Since the employer has already refused both of these, I would file a complaint with the HR department and at least consult further with a local employment law attorney to help protect your legal rights.

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Customer: replied 4 years ago.
did you receive my last reply?
Customer: replied 4 years ago.
did you receive my response to your answer - I do not see it listed above

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