If you are hurt on the job and file for workers compensation, can your employer force you to go out on FMLA but make you use your own benefit time?

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If you are hurt on the job and file for workers compensation, can your employer force you to go out on FMLA but make you use your own benefit time?

I am currently pregnant, due in 3 weeks, and my employer wants to start using my benefit time now which takes away from my maternity leave.

Asked on October 9, 2012 under Employment Labor Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If an employee gets hurt at work and as such is subject to a worker's compensation claim and coverage, his or her employer under the law cannot make the employee undergo a claim under the "Federal Medical Leave Act" (FMLA) as a result even if the employee is pregnant. The presumed injury that you are writing about is subject to worker's compensation and its applicable laws on the subject.


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