FMLA and Workman's Comp

Dancer67 · #1 02-02-2009, 03:54 PM

I am out on workmans comp for carpel tunnel since 1/15. Last Friday I got paperwork saying that I had applied for FMLA and to fill it out so I would be covered by them. Why would I need to get this, if the letter I got from my employer the day before, said that they would continue my benefits as long as I paid my portion for the next 6 months. Should I have this filled out? I don't remember signing anything that said I was applying for FMLA. I fully intend to be back at work after the surgeries, in my normal job. If I use it now what happens if I'm not back to work before the FMLA ends? Do I need to contact an attorney? Any info would be appreciated!

.SH · #2 02-02-2009, 04:08 PM

you should make sure the 6 month offer is still valid and will not be overruled by an FMLA agreement.
They may also wish to count part of your work comp leave as fmla to reduce your balance for any future leave requests.
you can find out more about FMLA here
http://www.dol.gov/esa/whd/fmla/

Dancer67 · #3 02-03-2009, 03:46 AM

Thanks! I will check that out!

DbsJrPA · #4 02-06-2009, 02:23 PM

I know I sound like a broken record ...but get an attorney ... at anytime you are out of work and having surgeries and under the influence of medication it is a load off your mind to have someone to take care of all this stuff for you especially during a time where you are costing them money!

martra1025 · #5 02-08-2009, 09:05 AM

My husband was injured at work and developed RSD. After being out of work for 4 months and the prognosis not looking good, the company put him on FMLA and when he didn't return after the 12 weeks of FMLA expired, he was fired.

tjtoliver · #6 02-13-2009, 01:27 AM

To my understandig the state of PA does not protect one fro getting fired from their job while out on w/c. I have been out of work on w/c for over 2 1/2 yrs. I was terminated by my employer because I had exceeded the FMLA which I had no idea I was on since I was on w/c and recieving income from the company. I look at it as it is their lost not mine. However, it is a shame that one can be injuried on the job then lose their job because they are not able to work. Think aboout this it only put you in a position to seek out somtheing better when you are able to go back to work.

DbsJrPA · #7 02-13-2009, 10:44 AM

TJ.... I honestly like your attitude I have a 3 year old claim and I am working but for a different company.... way to keep your chin up.... kudos!

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