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CalAttorney2, Attorney
Category: Employment Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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August 16, I went to my Neurologist, he changed the dose of

Customer Question

I am Epileptic. August 16, I went to my Neurologist, he changed the dose of my medicine, I took time off work, FMLA/ STD until Sept 12. My driving privilege is suspended until Feb 2017(state law). I have been released to return to work, with minimal restrictions but none that prevent me from doing the duties of my current position. At this point I have not been terminated, however I am not drawing an income either. I have not been able to resolve my situation with my employer. My doctor has spoke with the HR person and written 2 return statements. Each time I talk to my employer I am told to give it a couple days they are working on it. Well it has been a month and I still do not have an answer.
What is my next option? I would like to return to my job and start earning an income again.
Submitted: 10 months ago.
Category: Employment Law
Expert:  CalAttorney2 replied 10 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 10 months ago.

Dear Customer,

I am sorry to learn of this situation - your employer is violating the FMLA standards for return to work.

Employees on FMLA leave are entitled to "immediate" return to work benefits when cleared for return by their physician.

If your employer continues to refuse to reinstate you (and does not compensate you for the time that they were in violation of the law (from when they were provided with your fitness to work letter by your physician)), you can report them to the Department of Labor and/or retain an employment law attorney to represent you.