If you are hurt on the job and file for workers compensation, can your employer force you to go out on FMLA but make you use your own benefit time?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If you are hurt on the job and file for workers compensation, can your employer force you to go out on FMLA but make you use your own benefit time?
I am currently pregnant, due in 3 weeks, and my employer wants to start using my benefit time now which takes away from my maternity leave.
Asked on October 9, 2012 under Employment Labor Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If an employee gets hurt at work and as such is subject to a worker's compensation claim and coverage, his or her employer under the law cannot make the employee undergo a claim under the "Federal Medical Leave Act" (FMLA) as a result even if the employee is pregnant. The presumed injury that you are writing about is subject to worker's compensation and its applicable laws on the subject.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.