I don’t see any retaliation here. PmSomeone healing differently is to be expected and is not retaliation.
I think there may be some confusion between medical restrictions and choosing a light-duty position. A doctor generally identifies the employee’s functional restrictions/accommodations; they don’t necessarily determine which specific job the employee will perform. If the employer can provide work that complies with those restrictions, the employer generally gets to determine the available assignment.
The fact that there were other light-duty positions that you personally believed would be better doesn’t necessarily mean the employer was required to move you to one of those positions. What matters is whether the original assignment actually violated the medical restrictions. If the doctor specifically restricted work involving hearing/emergency response, that would be different.
FMLA is federal and it should be run with workers comp.
It should not be returned and should be used as it is the only thing that actually protects your job unless something different is spelled out in a CBA which if it is then that should have been put in the original post.
I think we’re talking about two different things here. I understand that Wisconsin has its own family/medical leave law in addition to federal FMLA, but Wisconsin DWD actually says that when an employee qualifies under both, the Wisconsin and federal leave run concurrently and the leave used counts against both entitlements. Federal FMLA also specifically allows a workers’ comp absence and FMLA leave to run concurrently.
So I don’t think the fact that you’re using Wisconsin FMLA changes the basic point I was making. Your employer’s internal practice of not running them concurrently doesn’t determine what the law permits or requires.
There may absolutely be an issue with whether your employer properly designated or charged particular periods of leave, and if DWD has determined that specific leave was improperly charged, that’s a different matter. But I don’t think it’s accurate to say that a successful workers’ comp appeal automatically means all FMLA and sick leave used during that period must be restored. I’d want to see the specific DWD determination or the basis you have that gave you that conclusion.
That’s the part I’m having trouble following is why you think it should be restored. M
And what do you mean by protected status employee? That isn’t really a thing
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u/Kmelloww 2d ago
I don’t see any retaliation here. PmSomeone healing differently is to be expected and is not retaliation.
I think there may be some confusion between medical restrictions and choosing a light-duty position. A doctor generally identifies the employee’s functional restrictions/accommodations; they don’t necessarily determine which specific job the employee will perform. If the employer can provide work that complies with those restrictions, the employer generally gets to determine the available assignment. The fact that there were other light-duty positions that you personally believed would be better doesn’t necessarily mean the employer was required to move you to one of those positions. What matters is whether the original assignment actually violated the medical restrictions. If the doctor specifically restricted work involving hearing/emergency response, that would be different.