[diamondeve]

I think whom eer answered my Q misunderstood. I have reached MMI and released back to full duty. Went back to doctor who said I still have a limitation of no kneeling. I can work except I can't do it in the allotted time. Now employer basically told me I was released as of now on FMLA. I don't want to use this because it would put a substantial burden on me and my family. If I don't except what will happen? Can I still keep working or will the emplyer just fire me?If so can I collect unemployment? I live in Florida. I have a workers comp attorney who is not fimiliar with FMLA and I told her I wouldn't take it because I would be broke and homeless. So she said to not take the FMLA leave and tell employer I really need to work and see if they would make accomidations. I know they won't because I already asked. They just sent me home.

[JudyKayTee]

If you can't do the job in the allotted time, you will be terminated. It's as simple as that.

Your choices are to do the job in the allotted time OR take the Family Leave.

Unless you are a member of a Union or have an employment contract I see no other options - the employer does NOT have to accommodate you in most matters. The "Disability Act" is not as generous as people think it is and I don't see that your injury qualifies.