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Thread: Fmla

  1. #1
    Join Date
    Aug 2011
    Posts
    15

    Default Fmla

    My workers compensation claim was made in the State of: illinois i must admit i'm a little confused. is it 12 months of service or 1250 hours or both? if i file an injury claim before 12 months or 1250 hrs. or both can they deny me work. comp? or is that for medical leave. thank you.

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: Fmla

    FMLA coverage requirements do not control or limit workers compensation claims; they are two separate systems.

    here are the FMLA requirements
    http://www.dol.gov/whd/regs/complian...ers/fmlaen.pdf

    you can contact the phone numbers at the bottom of the link for more detailed information as to how it might apply to your particular case.

  3. #3
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: Fmla

    You can also find a FAQ for employers here http://www.ppspublishers.com/articles/fmla.htm
    The Family and Medical Leave Act (FMLA) statute does not contain any direct reference to workers’ compensation injuries, and employers did not receive specific guidance on the topic until the April 1995 final regulations. However, since most workers’ compensation leaves are covered under the FMLA, an employer’s failure to treat these leaves as FMLA leaves can lead to inadvertent violations of the statute’s requirements. To help navigate the complicated legal maze of the FMLA and workers’ compensation, the Editors have identified eight frequently asked questions on this topic. The answers are based on analyses of the FMLA, its regulations, court cases, Department of Labor Wage and Hour opinion letters, and discussions with HR and legal experts.
    The FAQ's will help you understand the overlaps of FMLA/ADA/EEOC

  4. #4
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,928

    Default Re: Fmla

    Lakota6, in your other thread titled FMLA I gave you the link and quoted what the statues says. Personally IF it were me I would make darn good and sure I was covered by the FMLA before I said anything about the CTS to the ER. IF you are taken out of work or your work duties restricted, don't matter IF it under WC or your personal insurance BTW, your ER can terminate you for attendance issues or just about any other excuse they care to drum up IF you are not eligible for FMLA. And at that you only have 12 weeks of protection for your job and employer sponsored benefits.

    Good luck to you regardless of how you end up having to do this. I had bilateral CTS and had to have the release surgery for both of them. Also I waited so long to get my surgery that I developed trigger fingers/thumb and had to have those released as well. Try not to wait any longer than absolutely necessary to have your CTS treated.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

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