Can my employer force me to use FMLA while I am off work with a workers compensation claim?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my employer force me to use FMLA while I am off work with a workers compensation claim?
I am off work due to an on the job injury and am receiving workers compensation and my employer just sent me paperwork saying that they are starting my FLMA leave. Am I required to use my FLMA leave at the same time as I am on workers compensation?
Asked on June 24, 2011 under Employment Labor Law, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Worker's compensation is income replacement and compensation for work related injuries. It, in and of itself, is not authorized or excused leave from work. Or, to put it another way: worker's compensation is money, not time. To take time off from work, you need to either 1) use earned or accrued leave time, such as paid time off (e.g. vacation or sick leave); 2) have approval from your employer to take time off; and/or 3) use some protected form of medical leave, such as FMLA. If you are not using or do not have enough of some form of paid time off, and your employer is not willing to simply let you take sick or injured leave without invoking Family and Medical Leave Act leave, then they can require you to use FMLA leave. Besides: FMLA leave is there for when you can't work; there's probably no reason not to use it. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.