Can a company force you to take the FMLAif you were injured on the job?

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Can a company force you to take the FMLAif you were injured on the job?

I got hurt on the job and I’m on workers comp. My company put me on the FMLA. Now my 12 weeks are up and they are going to fire me or in their words “replace” me. I am seeing a pain management doctor who just started injections on my neck. My first one was last week and I still have to have injections on both shoulders, my lower lumbar and more in my neck.

Asked on November 19, 2011 under Employment Labor Law, Florida

Answers:

B Elaine Jones / The Law Office of B. Elaine Jones

Answered 9 years ago | Contributor

If you are still on workers' compensation, they cannot force you to use the FMLA.  If you have been released from workers' compensation and were still injured to the point where you could not work yet.  For example, the doctor released you to light duty but there is no light duty work, you may at that time have to use your FMLA time in order to complete your treatment.  If your 12 weeks expire and you still cannot go back to work, then you potentially could be replaced without any repurcussions.  However if you are still on worker's compensation the employer cannot not unilaterally decide to put you on FMLA.  Hope this helps answer your question. 


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