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.