Legal Question in Workers Comp in Massachusetts

Can some one get fired or let go while on workers comp

Asked on 11/24/11, 7:59 am

1 Answer from Attorneys

Mary Meaden Law Office of Mary B Meaden

Hello there. The answer is YES, in Massachusetts and in all 50 states the employer can terminate your employment while you are out on worker's compensation. You see, as an employee you are only entitled to up to 12 weeks leave under the Family and Medical Leave Act (FMLA) and that 12 weeks is only available if you work for a company that has more than 50 employees and you have worked for them for at least 12 months before the accident/injury. If you do not meet the requirements for the 12 weeks under FMLA, you can be terminated by your employer almost immediately when you go out on leave for a worker's compensation injury, although most employers will give you a couple of weeks to see if you will be able to return to work. Also, if you are a member of a union, the union will negotiate a longer period than the 12 weeks and then the employer cannot terminate the employee until the union negotiated time is up. Many people are not fully aware that they can be terminated while out on a work related injury and frankly, it really is crappy, but that is the state of the worker's compensation and employment laws in MA and all 50 states.



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Answered on 11/29/11, 3:07 pm

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