I'll give the cliff notes before getting to the question.  Wife was injured at work, going through rehab. Was getting better Was then in an auto accident (rear ended). It's been almost a year since the work injury and 8 months since the car accident. She worked for the County. Just recently got a final medical review that states she now has permanent partial disability so that she cannot return to her previous work. She can work but has weight restrictions, nothing involving reaching overhead or repetitive motion. The County will not fire her but they have no jobs currently that fit her restrictions. They are trying to make her take 6 weeks FMLA and then they said they may have temp clerical work basically all over the County. We wanted to file unemployment but you cant do that while on fmla.I think theres just trying to get her to quit.

Myself I would not advise her to file for the FLMA, because at the point once 8 wks has past they can cut her loose no questions asked. From your post it seems that she never returned to work after the WC injury. Looks like a good attorney is in order, who's to say that the light duty work restrictions are due to the injury that happened on the job or the wreck.

Please....none of this is legal advice that you should rely on.

Please....none of this is legal advice that you should rely on.

But I in my job I deal with associates that file for FMLA leaves. If they fail to return to work with in 8 wks, the company normally allows an extra 2 wk window grace period, after that point I'm instruct to post their old job.

Federal FMLA is 12 weeks.  Can be longer in certain states.  For example, DC is 16 weeks.

Correct, Not sure why I typed 8 wks , in NC we have the 12 wk window. Like I had posted earlier once the "window" of the FMLA is exhausted the job is no longer guaranteed plain & simple. Under Workman comp that is not the case.