California Employment Law

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I work at sunline transit I'm a bus driver in the palm

Customer Question
Second opinion] I work...

Second opinion] I work at sunline transit I'm a bus driver in the palm springs area I have been taken by ambulance to the hosp. for heat exhaust 3 different times during the summer months when the temp. was over 110 due to the air conditioning in the buses not working. One time when I was signing out at work I lost my balance and fell back hurting my back, arm and leg. My doctor took me off work for 10 weeks and wanted me to take off more time but I couldn't because of financial hardship I filed a workers comp claim and the co denied me after a year of fighting with them they finally approved my claim. I have had FMLA for the past 3 years for some mental issues I have and the company exhausted my 480 hrs because of the time I had to take off because of my fall which has nothing to do with the reason why I have FMLA. The company asked me if I think that my fall is a serious health condition along with my heat exhaust and I said yes I still need surgery for the fall and I feel that If the company does not provide me with buses that the air doesn't work during the summer months I may end up having a heat stroke. Because I said yes to serious condition they are running my FMLA concurrent with my workers comp. claim even though one does not have anything to do with the other. The run around that the company is giving me has ran my anxiety (one of my mental conditions I have) thru the roof and I can't take any time off because the co. took away my FMLS hrs I had for this reason. It has been a year now and I'm still waiting for some type of compensation. How can I explain to the company that my FMLA has nothing to do with my work injury or heat exhaust. I know that the information for why a person has FMLA is private so how can a employer run a employee's FMLA and W.C concurrent if they don't know the reason for why the employee has FMLA in the first place? .

Lawyer's Assistant: What kind of workplace is this (private sector, public sector, etc.)? How many employees?

It's public transportation and over 100 employees

Lawyer's Assistant: Have you worked more than 1,250 hours there in the past 12 months (about 8 months at full time)?

Yes

Submitted: 1 month ago.Category: California Employment Law
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Answered in 17 hours by:
6/30/2018
California Employment Lawyer: Phillips Esq., Attorney-at-Law replied 1 month ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: California Employment Law
Satisfied Customers: 22,820
Experience: B.A.; M.B.A.; J.D.
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Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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California Employment Lawyer: Phillips Esq., Attorney-at-Law replied 1 month ago

I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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California Employment Lawyer: Phillips Esq., Attorney-at-Law replied 1 month ago

Your Questions:

How can I explain to the company that my FMLA has nothing to do with my work injury or heat exhaust. I know that the information for why a person has FMLA is private so how can a employer run a employee's FMLA and W.C concurrent if they don't know the reason for why the employee has FMLA in the first place? .

Response: Unfortunately, the employer's action is legal. Your FMLA and WC can be run concurrently. There is nothing in the federal or state law that prohibits it. Also, this is a very common practice by employers to run FMLA concurrently with WC.

I am sorry that I do not have better news for you. However, as an Attorney and an Officer of the Court, I have ethical and professional obligation to provide you with accurate and honest information eventhough that information may not be in your favor.

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

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