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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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I was on an active duty tour last year. My job made up the

Customer Question

I was on an active duty tour last year.
My job made up the difference in my pay so "technically still on job, and accrued sick and VAC time.
Injured ankle while on duty.
Came back to job as we have a modified duty rule for folks injured while off duty.
Job won't allow me to come back on modified duty.
I am being forced to use sick time.
Just received my initial 30% rating from VA mid December
Just received my LOD determination last Friday. So having that and the rating I can move forward to get next appointment for ankle treatment ....
I was advised by one person (not legal) that an injury did not afford me the same rights of employment that a VA rating gives you. There is NO way to get a VA rating in three months so that doesn't make sense. Please advise if the federal employment rights includes an injury or just a VA disability (approved). Thanks. Cheryl
Submitted: 10 months ago.
Category: Employment Law
Customer: replied 10 months ago.
I am a LT on Mass State Police. I am being told that the modified duty is the jobs decision and they don't have to take me back as it is an injury NOT an approved VA disability. The aeSGR website states if hurt on active duty that you have re employment rights not that it must be a VA approved compensation injury or whatever the correct terminology.
Customer: replied 10 months ago.
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Expert:  Marsha411JD replied 10 months ago.

Hello,

Thank you for the information and your question, however, I am unclear, due to your use of the term "reemployment" rights and the facts you supplied, whether your employer is letting you go or whether this is just a case where they are saying they don't have any modified duties to assign you to at this time? Which is it since they are completely different legal issues. Also, do you have a bargaining agreement or employer written policy that speaks specifically about rights to be given modified duties when you cannot perform the essential functions of your job due to an injury?

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