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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111487
Experience:  20+ Years of Employment Law Experience
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To Unknown names: I want to ask Personal leave of absence. I

Customer Question

to Unknown names: I want to ask for a Personal leave of absence. I was injured on the job and after operation I have been working light duty limited hours and scope of activity by workers Comp MD.; I have previously asked for vacation PTOtime off for my
daughters trip to California part of her wedding reception location selection but this was denied.Hence the LOA request. I have Dr.s appoint tomorrow to review my capabilities and in the meantime I explored with HR dept why I cant have PTO time off since my
absence from light duty does not impact the work place coverage.; HELP PLEASE.
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
there has been harassment at work also, supervisor moved her computer into the front office where I work. she has been monitoring how many and long my bathroom breaks are(I have had Prostate cancer and usually have to go to bathroom breaks about once every 2hours for 5 minutes. She said I go every hour(not true). This definitely has caused me extreme anxiety.
Customer: replied 1 year ago.
ps. I am 78 years old
Customer: replied 1 year ago.
The "limited" duty job I have been assigned has been 8hr/day max(by worker comp MD)a work schedule that overlaps the permanent employee and limited standing and walking. I have(until this week) been assigned a scUnknown names: I want to ask for a Personal leave of absence. I was injured on the job and after operation I have been working light duty limited hours and scope of activity by workers Comp MD.; I have previously asked for vacation PTOtime off for my daughters trip to California part of her wedding reception location selection but this was denied.Hence the LOA request. I have Dr.s appoint tomorrow to review my capabilities and in the meantime I explored with HR dept why I cant have PTO time off since my absence from light duty does not impact the normal work place coverage ,,,,I am an extra person. HELP PLEASE.
Customer: replied 1 year ago.
The schedule up to this week has been over and above the usual office schedule and it overlaps the primary employee, hence I am an extra person, The new schedule I received for this coming week requires me to work approximately 2 hours each workday by myself(intentionally to suggest that I am indespensible, RIGHT??)
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is the specific question you have for us about this matter? Are you under a union contract or are you an at will employee?
Do you qualify for leave under the Family and Medical Leave Act for your medical condition (does your employer have 50+ employees and have you been there more than a year working full time)?
Customer: replied 1 year ago.
Employed there over 7 years.4,000 employees .. No UnionFMLA in process. CIGNA handles that for the company.
??possibly use a personal leave but job is not protected. Is that correct?
Customer: replied 1 year ago.
Ful time 36+ hrs/ wk.
Customer: replied 1 year ago.
How meaningful is the harassment issue. Monitoring my bathroom breaks??? Really??Also current injury at work is being covered by Workers Comp.
what impact does that have?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply
I am afraid that as an at will employee, the employer has the right to decide whether to grant personal leave or vacation time as those are not governed by the law. The employer also has the right to decide whether or not to allow a leave of absence too.
What the employer does not have the right to do is deny an employee leave under the Family and Medical Leave Act. So if your doctor says you cannot even work the limited duty position for some time and you have time left under FMLA, the application for FMLA is your only real legal recourse against the employer. The employer does not have to allow you off of work for any reason other than leave under FMLA, even though as you say your position is not essential and your employer could do without you.
So you would need your doctor to be able to say that you need to stop working even the limited duty position and pursue leave under FMLA, if not the employer in FL has all the cards and power here because the FL laws do not guarantee an at will employee any leave at all from work and it is wholly at the employer's discretion.
If you can show that the employer is doing this to you because of your workers compensation claim or because of your age, this is another serious issue as that would make the conduct unlawful as retaliation for filing workers compensation and harassment because of age would be illegal. If that is the case, if you are the only employee being treated this way (which makes it at least a circumstantial case) you would need to file a complaint with the EEOC for the retaliation for workers compensation and harassment based on age and they have to investigate and grant you a right to sue letter for you to go to court against the employer.
Customer: replied 1 year ago.
I have just a couple of questions more, thank you for answering
What specific actions would I need to show to prove 1) harassment
And 2) age discrimination
Customer: replied 1 year ago.
I am the only person in this department over 65
Customer: replied 1 year ago.
I believe I can perform whatever processes are required after proper training. There is nothing highly physical required although I could do a few push-ups if needed
Customer: replied 1 year ago.
The instigating action by the employer is:
Workers comp MD specified 'light duty' to mean minimal lifting 10 lbs max. ...8 hrs per day max. Sedentary work ie. Sitting and no more than 10-15 min. per hour standing.
My employer interpreted this thusly:
And scheduled me on shifts 8 he max and always with another employee scheduled the same time on shifts that included those that were never required to be staffed by more than one(1) employee LIKE A WEEKEND( dead around here)
SOOOO I AM A GHOST. A DUPLICATE PERSON.
When I submitted a timely request for PTO I was refused. ??? I am a double, not to be Missed when I go away. I of course questioned this and was told dept. Rules permit only one person out at the same time. But... I am a double. Redundant. Not essential net not even needed and never will be missed.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You have to prove that except for your age, you would not be treated this way.
As far as the retaliation claims, if you can prove they are granting other employees time off and as you are a non-essential employee at this point, the only reason they are denying you is in retaliation to your filing workers compensation. The fact you are not needed would be the evidence that the denial of leave to which you would otherwise normally be entitled would be evidence this is retaliatory.
Customer: replied 1 year ago.
To exacerbate this behavior, (and try to bolster their position) the dept. Asked the workers comp case mgr. to ask the treating doc. To modify my modified duty definition to allow me to work ALONE in the dept. Hence I am no longer considered a 'shadow' but now a front line employee and therefore my vacation request denial is justified.
Customer: replied 1 year ago.
I know this doesn't influence my case legally but my vacation is to travel with my daughter(28) and her fiancé to Lake Tahoe to select a wedding reception venue. She has always loved Lake Tahoe since we spent winters skiing and summers on the lake since she was two. She planned the trip and made reservations already. It is painful to think how what they are doing has hurt her.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It appears this is more than likely retaliatory since they do not like the fact you are working light duty, but you need to file your complaint with the EEOC and let them investigate.