Do family leave time limits to return to work apply to workmans comp?
Question Details:
I was injured at work and being treated 10/09-03-10 - 12/06/09. I was terminated from my employment. Cause for this action was : I did not return to work within the allotted 6 week period the family act allows an employer to "reserve" your position.
Unfortunately, the Pennsylvania Workers' Compensation Act does not provide injured workers with any form of job protection. If you are a union worker, your collective bargaining agreement may provide some form of protection in this type of situation. You may also be eligible for FMLA leave. However, if you are terminated for failing to return to work, and the reason you failed to return to work is the work injury, you may be entitled to ongoing wage loss benefits through workers' compensation. Varies filing and reporting deadlines apply to workers' compensation claims, so it is important that you address this problem through a competent workers' compensation attorney as soon as possible. Please feel free to contact me directly with any further questions.
Your question is a bit confusing. Were you out on worker's compensation for a work related injury or were you out for leave pursuant to the Family Medical Leave Act? Workers Compensation Rules are different than the privileges that are allotted under FMLA. FMLA allows covered employees to take extended medical leave to handle certain family or medical problems. It is unclear what you did here. Did you have a workers compensation attorney to help you with your claim? Maybe you should consider speaking with someone. They will be able to let you know if your employer violated any rules that would apply to you. Good luck.
