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I was injured last spring at work,ended up having knee surgery…

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I was injured last spring...
I was injured last spring at work,ended up having knee surgery in August. Doctors restrictions were at first to sit for several weeks, so i did that. I went back to work in the meat department where i initially started in the store..under orders from my doctors, four hours on my feet and the rest sitting. So I was trying to comply by this and my department manager told me he couldn't let me do that and had me go and break down a pallet of food. A couple of days later I went back and sat down, he then told me again i couldn't do that...so by this time i felt intimidated and would lose my job if i asked to sit again. He won't follow the doctors restrictions,by this time because i was still in pain i normally had to leave work or couldn't make it to work. Now he is holding this against me and i could lose my job..and he also wants me to fill out the FMLA act. Does this mean i have to take a leave of absence or just a few hours a week? I am considered full time. Also, they didn't give me back my old job, and only allowed me to work around 30hrs. a week..
Thank You,
Kathy
Submitted: 8 years ago.Category: Legal
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Answered in 6 minutes by:
6/29/2010
Lawyer: legaleagle, Lawyer (JD) replied 8 years ago
legaleagle
legaleagle, Lawyer (JD)
Category: Legal
Satisfied Customers: 13,441
Experience: Attorney-Business degree from The University of Texas
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The employer can require you to file out the FMLA paperwork so they time you are off due to your injury is FMLA time. You do not have to take off all at once. You can work part time and use FMLA for the other 20 hours if your employer will allow a short schedule. But if your employer will only allow you to either be off and heal and then return or get a release to return to work, then that is their option. Did you file a worker's comp claim when you were injured? Also you could file a ADA complaint for their failure to accommodate you due to your restrictions. http://www.ada.gov/enforce.htm#anchor218282
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