Can an employer force me to use FMLA if I am off work due to an OJI?

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Can an employer force me to use FMLA if I am off work due to an OJI?

I was injured at work; I slammed my left pinkie in a door while on the job. I went to the ER and got X-ray’s and 4 stitches. They put me off work until I am cleared by occupational health. It will be 6 days missed. I have made a workers’ comp claim.

Asked on September 2, 2018 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There is no right to miss work, even for an at-work injury, unless you either 1) use PTO you earned or accrued (like sick leave) to cover the absence; or 2) use FMLA leave to take unpaid leave. Otherwise, if you miss work without using PTO or FMLA, you may be terminated.


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