Legal Question in Employment Law in Virginia

My husband is receiving disability for an injury he received at work (workers comp) and has been on light duty. Now his company told him not to come to work and put him on temporary permanent disability. He got a letter the other day stating he has 8 weeks left of FMLA and after that time they won't hold his job. Is this legal? He did not ask to be out of work. He was hurt on the job and performing light duty. Does FMLA come into play when there is a worker's comp claim in place? He didn't even ask for, or sign for, FMLA. Please help.


Asked on 1/29/10, 12:27 pm

1 Answer from Attorneys
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Generally, FMLA provides for leave for 90 days for any type of emergency. Your husband's company may provide more job protection than 90 days but federal law only requires 90 days under the FMLA. The employer could decide to place you back on Workers Compensation. In Virginia you can be on Workers Compensation for 500 weeks. For more information, contact me or go to my website at www.virginiadisabilitylawyer.com.

Jerry Lutkenhaus

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Answered on 2/09/10, 6:28 am


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