What to do if I retuned to work after 10 weeks of FMLA and discovered my job responsibilities were increased and are more physical?

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What to do if I retuned to work after 10 weeks of FMLA and discovered my job responsibilities were increased and are more physical?

I cannot do this job with the new requirements. I informed my employer of this about a week ago. I asked if there was a comparable position and could I be available to “fill in” for employees taking vacation or what ever, as I certainly can do a job, just not this job. There was not any comparable positions on the website. What are the requirements of my company at this point? Do they lay me off and allow me to file for unemployment? Do I go back on some kind of disability?

Asked on April 23, 2012 under Employment Labor Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were able to have time off from work under the FMLA (Family Medical Leave Act) your employer was required to have your former position available with respect to the scope of work and associated duties upon your return.

If you believe that your duties were increased in retaliation for you taking 10 weeks off under the FMLA, I suggest that you consult with an employment attorney and/or your local department of labor.

From what you have written, if you cannot do the type of work now being demanded of you by your employer post your return under FMLA, your employer is required to make reasonable accomodations to assist you in a similar type position as you had before you left on the 10 week leave.

If your employer cannot find similar work for you as before, he or she can lay you off if there is no work for you to do and as a result, you can make a claim for unemployment benefits. You would not be entitled to any disability based upon the subject of your question for the simple fact that you have not been designated by a health care professional as being medically disabled from the work that you were doing before your 10 week hiatus.


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