Emplyer change me from workers comp to Family leave Legal??

I went out on April 23, 2004 on Workers Comp (all paperwork filed)due to injury on job. I have been receiving pay from Workers Comp also. My employer is now telling me that my 12 week deadline is approaching under family leave. 1. If I went out on Family leave I would not be getting compensation from Workers and not from my employer. 2. Is there a maximum time 12 weeks on Workers.
3. Tehy sent me a packet to fill out for
Long term where it states they will no longer pay for family insurance and I have to purchase cobra for them.
4. Can they do this change me from Workers to Family Leave or state I have to go long term.
please advise and thank you

1 answer  |  asked Aug 19, 2004 2:03 PM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
previous answer is the same

i have answered this question on myemploymentlawyer.com before. your employer is entitled to count any absence for an injury to yourself, whether on the job or off, whether paid or unpaid from any source, as family leave. if it was properly designated as family leave, then your leave period is exhausted concurrently with your workers comp leave.

you need to talk to an attorney who is experienced with issues of workers compensation as well as family leaves, and also to advise you as to the consequences of long-term disability. if there is a chance that your workers comp claim is denied, you will not have any protection from termination, unless you have properly protected your rights under workers compensation laws.
good luck
janet m. koehn

posted by Janet M. Koehn  |  Aug 19, 2004 2:13 PM [EST]

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