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  1. #1
    Join Date
    Oct 2014
    Posts
    5

    Default New Testing Requirement Imposed for Return to Prior Position from FMLA

    My question involves employment and labor law for the state of: California

    My company put me on FMLA for a serious condition, their liability was at stake. Three weeks into my FMLA they sent me a letter saying in order to get my programming job back I would have to take a typing test, I write code it is not the same as typing. The Typing test would include 3 time tests, a data entry operators test and a 10 key test, none of these skills are within the scope of my job description. I have been working there with great reviews for 18 months and was not given a typing test when hired. I was promised that my exact job would be there when I returned, "We just want to give you the time to get better", can they do this?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: I Think My FMLA Has Been Violated

    How long, total, do you anticipate being out? It makes a difference.

  3. #3
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: I Think My FMLA Has Been Violated

    Do the other programmers have to take this test? Also, what does "their liability was at stake" mean?

  4. #4
    Join Date
    Oct 2014
    Posts
    5

    Default Re: I Think My FMLA Has Been Violated

    2 months, Dr says he can put me back after PT.

    - - - Updated - - -

    No the other programmers do not take this test. I was having trouble walking, I fell 3 times, no feeling in my legs due to a toxic dose of a prescription, I began to get better immediately after discontinuing the medication.

    - - - Updated - - -

    The medication I was taking has this side effect on 1 in 15,000. I was taking it as directed. By the time I got this notice I was half way back to my normal gate, I could walk without assistance. My doctor said I was ahead of schedule in my recovery.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: I Think My FMLA Has Been Violated

    Then I would agree that you *likely* have a violation. If you get back to work and they've implemented this as a new rule that applies to everyone else, and the other programmers have taken the test in your absence, then there's no violation. Likewise if you get back and they don't follow through on the request. But if you are actually singled out to take a typing test in order to return to work after a FMLA leave, then I would agree that you have something to file a complaint over.

  6. #6
    Join Date
    Oct 2014
    Posts
    5

    Default Re: I Think My FMLA Has Been Violated

    I was surprised by the request but had constant testing and PT. At my 6 week mark my Dr cleared me to return to work after my next 2 weeks of pt, certifying that I am fit to return based on your signed job description. The company supplied the job description, it included fingering (keyboarding).

    I took the Dr clearance to my employer that same day, she said everything was in order, took me to the IT room and said I was coming back in 2 weeks.

    2 weeks later I showed up and was not allowed to sign in because she did not see the doctors signature on his note, I was asked to leave the property and to go take the typing test, my test was missing a page from the speed test and included the data entry and 10 key test, I failed the test.

    I filed with the FMLA and EEOC the following day.

  7. #7
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: I Think My FMLA Has Been Violated

    And you didn't share those details earlier....why?

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: I Think My FMLA Has Been Violated

    That would have been interesting information to have initially. The answers you get are only as good as the information you've provided. With the additional details, I'm less certain that a violation occurred with the details you provided.

    On what basis did you file with the EEOC? They have nothing to do with FMLA and you've not posted anything to suggest a violation that falls into their jurisdiction.

  9. #9
    Join Date
    Oct 2014
    Posts
    5

    Default Re: I Think My FMLA Has Been Violated

    Because it is a long story and is still going on the began in May of this year. I asked my employer for the time part of the typing test to be dropped. I have had to do all my research on line. Sorry if I misled you but I am just trying to lay this out start to where I am now, still not working. I took a typing test at an adult school and attempted to have her accept that and she said the test had to be done at her temp agency, no where else would be acceptable.

    I am known to have OCD and anxiety and asked for the ADA on that, I have never asked for anything before along these lines.

    I was down to one month of FMLA left and was frantic that I would not be returned to my job.

    3 days before my FMLA was to be over I sent them a letter telling them I would report to them for work because I worried that I would be dead in the water if I did not report to them at the end of my FMLA. They put me to work in the call center selling automotive parts, I know nothing about cars and the job required good keyboarding skills. I did very well on the first day but on the second day I was not doing well and took the last 2 hours off, my OCD doctor said I could not continue on this type of job,

  10. #10
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: I Think My FMLA Has Been Violated

    You haven't answered my question about what the phrase "their liability was at stake" means.

    In addition, why do you think we here can help you better than the DOL and the EEOC? We can provide information, however you seem to already have the information you need. We have no authority to enforce the ADA and the FMLA.

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