At the beginning of this month, a friend of mine was injured working at a job site. He is on workman's compensation and has made a pretty good recovery. In fact he was recently cleared for light duty with heavy restrictions. In a nutshell he can't work in his original position but he can probably do office work. But he will have to go back for additional treatment and checkups.
He thinks he will be able to keep his job, but I am a little worried about him.
1. Is he covered under FMLA?
a serious health condition that makes the employee unable to perform the essential functions of his or her job;
If he is when does the 12 weeks start?
2. Even though he has been cleared for light with restrictions, is his employer allowed to him go? Even if he wants to come back to work?
3. Can he take any legal action to protect his job?