I was hurt on the job and have a workmans comp claim. I need surgery my employer has me using FMLA hrs. Is this legal? What if I need them later 4 fam

Asked on May 22, 2009 under Employment Labor Law, California


B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This doesn't sound right to me at all.  You need to talk to an employment and workers compensation attorney about this as soon as possible.  FMLA leave is unpaid, but if you have to be out of work because of surgery for a job-related injury, that would be temporary total disability which would be something you can get workers compensation payments for.

There are procedures that need to be followed to get this compensation, and for reliable advice you need to give a lawyer all the facts of your case. Details matter!  One place you can find qualified attorneys is our website, http://attorneypages.com

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