FMLA, not allowing return/modifications

[COEMPLOYEE]

Hello,
My employer is not allowing me back to work because of new weight restricitions (30lbs), and time restrictions (4-6 hrs daily). After back surgery. I'm now at 10 wks, and these restrictions went into place during week 8. They now say they'll not "Do Anything" until after my 12 weeks. I am not in the top "10 percent" as far as pay, but am Salaried. They are not willing to accomodate any modifications. Is there anything I can do? Thank you.
(This IS NOT a WC case)

 

[cbg]

Are you expected to make a full recovery, or are these limitation permanent? It makes a difference to the answer.

 

[COEMPLOYEE]

Thanks for responding, The restrictions are long-term (5-6 months), but not considered permanent.

 

[cbg]

Since they are not considered permanent (and for the purpose we are discussing, 5-6 months is still considered short term) the ADA does not apply.

That being the case, they are not under any legal obligation to provide any accomodations or modifications of your job duties. They ARE entitled under the law to require that you have a full release before returning you to work. And, as I believe you realize, they have no obligaton to hold your job beyond the 12 weeks.

Have you been told that they will not hold your job beyond the 12 weeks, or are they waiting to make a decision?