QUESTION

am i being discriminated against medically?

Asked on Jan 04th, 2013 on Discrimination - North Carolina
More details to this question:
I work for the transit dept in my city and have been on leave since October 1st for a medical condition with my leg. I had arthriscopic surgery to repair my knee and found out of another condition called lymphedema.I have been going to physical therapy, and my doctor has not released me to return to work yet. My FMLA ran out on Christmas day, and I applied for an extension because my doctor kept me out of work longer, the city declined. I received a certified letter stating that I must return to work no later than Monday, January 7th and provide a doctor's note upon my return. If I do not return to work by then, I would have voluntarily resigned my employment by the 11th. I am not cleared to work, and my employer told me that I am not eligible for unemployment because the job is available for me to come back to next week ,even though he has the documentation from the doctor stating that I am not allowed to work in any capacity right now. What are my options?
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1 ANSWER

Employment Law Attorney serving Concord, NC
4 Awards
The employer is not required to hold your job longer than 12 weeks under FMLA except in rare circumstances when the Americans With Disabilities Act requires an accommodation.  If you are unable to work the job due to health and that is why you are unemployed, you can draw unemployment benefits as long as you are able to work jobs other than the one you had.
Answered on Jan 20th, 2013 at 11:46 AM

I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.

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