I was injured at work in Oct. 2012. My doctor keep me out-of-work since then. The workers compensation keep paying me TTD.
Recently I reported to my employer that my doctor told me it would take at lease several more months to return to work.
My employer notice me : "You have been out on leave since October, 2012, and the Company has not counted most of that time toward your available FMLA leave, however, we are counting your time out commencing on April 1, 2013 toward your available FMLA leave."
Is this legal? I remember the FMLA can only take effect if I request it before I leave or right after I return to work.
I do not ask for it. Is it legal for my employer put me in FMLA while I am in the middle of recovery?
The FMLA only offer 12 weeks unpaid leave. If my treatment will take longer than that. Whether it means I can not return to work after my treatment?
Now my employer ask me to pay my share of the premium payments on your health insurance to maintain health benefits while you are on leave. If payment is not made timely, they will cancel my group health insurance.
What should I do?