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
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]

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