Worker's Comp And F.M.L.A.
 

How does FMLA (Family Medical Leave Act) work if I'm out on a WC injury?
It seems I used up alot of my FMLA time over the past year. I would only miss a day or two at the most, but all the abscences counted against my FMLA time. I always work AT LEAST 3 days a week. (mostly more)

I'm forcing myself in all 5 days this week and Sweety is driving me. (we work in the same bldg. complex, she comes in later than me so I have to stay later. No prob.) There's no way I could have driven in today, so I'm glad to have her as an option.

So does my employer have to hold my job for me? Can they give me any job they want? I'm told they can as long as the pay is the same.

Does being a Worker's Comp patient change anything as far as FMLA?

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!!