Phone: 314-315-8111

I have been off work for four months for a back injury and now my employer tells me that they don't have to hold my job for me any longer because I used up all of my FMLA time. Is that right?

Unfortunately, that is not an untrue statement. The FMLA guarantees qualifying employees twelve weeks of unpaid medical leave each year.  If an employee returns to work before the end of the 12-week period, the employee has the right to be restored to the same or equivalent position with equivalent pay and benefits. An employee may receive compensation while on FMLA leave either through using his or her sick time or vacation, or through workers' compensation payments.  However, an absence due to a work injury that is covered by workers' compensation  benefits may run conncurrently with FMLA leave.  Therefore, if you are off work longer than 12 weeks for a work injury, your job may no longer be protected under the FMLA, even if you are out on workers' compensation leave.  However, there may be other employment laws that may afford you protection, so consult a lawyer if you find yourself in this position.

 

 

Live Chat