can an employer charge your fmla time if you are out on a workmen comp claim?

I was hurt on the job, (My back and Knee) and the were charging my fmla hours, i went back to work and was not ready yet and went back on Wc and they denied my disability and said i'm out of FMLA, now they wanna put me on a step of discipline for not having enough FMLA hours.

1 answer  |  asked Jun 7, 2011 3:10 PM [EST]  |  applies to Texas

Answers (1)

Jill J. Weinberg
An employer can require an employee to use up FLMA leave at the same time he/she is on workers' comp if the company follows required notices to the employee regarding your FMLA rights. If the company has not done so, contact the FEDERAL Department of Labor
(www.dol.gov).
Also, a company cannot retaliate against an employee who files workers' comp. If the company treats you more harshly then others out on NON-workers comp medical leave, it may be considered retaliatory under Texas law and you should consult an attorney who handles workers comp retaliation cases ASAP.

posted by Jill J. Weinberg  |  Jun 26, 2011 10:18 AM [EST]

Answer This Question

Sign In to Answer this Question

Related Questions with Answers

Have an Employment Law question?

Virginia Employment Lawyers

Matthew Kaplan Matthew Kaplan
The Kaplan Law Firm
ARLINGTON, VA
Sheri Abrams Sheri Abrams
Sheri R. Abrams PLLC
Oakton, VA
Gerald Lutkenhaus Gerald Lutkenhaus
Virginia Workers Compensation & Disability Lawyer
Richmond, VA
Edward Lowry Edward Lowry
MichieHamlett
Charlottesville, VA
Matthew Sutter Matthew Sutter
Sutter & Terpak, PLLC
Annandale, VA

more Virginia Employment Lawyers