leave from work
I was injured on the job in Feb.2005. I am seeking workmans comp case. Can my employer force me to go to as needed (prn) from full time, if I was off work due to sergery for 2 weeks, and on light duty for 6 months. Does this violate the (fmla).I will lose my health benifits for my children due to this change of status. Also can they terminate me due to this work related injury while still under medical care.
1 Answer from Attorneys
Re: leave from work
If you have a light duty restriction, your employer must pay workers' compensation OR give you light duty work. You should not take FMLA leave, as this is unpaid, and the employer is required to either pay you Temporary disability when you can't work, or give you light duty work for the same pay rate as pre-injury.
Moving you to a part time status is an adverse action, which you would argue was due to you filing the Work Comp claim. If that is true, you have a right to sue the employer for taking the action.