Worker's Comp And F.M.L.A.

[Michelle]

Workers Comp rules change by state and I don't know where you are, but in Colorado, FMLA doesn't apply at all to a workers comp injury. Work Comp has to pay you 2\3 of your pay for every hour you miss. It shouldn't count against your FMLA. They put you on Temorary Total Disability, or Temporary Patial Disibility, which is what you should've had while out a couple days a week. And yes, if you are still at the job where you were injured, they have to keep a job for you. It may not be exactly the same I don't think, as long as it pays the same, but I would have to ask my attorney that. If you're going to be out for a while after surgery, I'm sure that it won't apply to your FMLA. Call and ask an attorney in your state. That first call is free, and you can make sure you're not getting screwed by WC. Good luck!!