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workmans comp or FMLA

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pfwest

Member
What is the name of your state?What is the name of your state? :confused:Washington
Last April I was injured at the job, been out of work for 8 weeks. Now I need surgery on my back, the place I work for is telling me if I would be out for more than 4 weeks I will lose my position. FMLA is only for 12 weeks and employer is telling me that workers comp is included in those 12 weeks. Is that right? My back is killing me, worked here for 23 years now.
Is workmans comp count against FMLA?
 


mlane58

Senior Member
Your employer is correct. FMLA and Workers Comp can run concurrently and again you are only protected for 12 weeks (under FMLA only)
 

tjr5150

Member
Check with your state work comp laws first.
FMLA is used up first, then work comp kicks in..
True your employer does not have to hold your postion forever.
 

mlane58

Senior Member
FMLA is used up first, then work comp kicks in..
Can you tell us how you came up with that assumption.

Workers comp is income replacement and FMLA is a leave program, so kindly explain!
 

tjr5150

Member
mlane58 said:
Can you tell us how you came up with that assumption.

Workers comp is income replacement and FMLA is a leave program, so kindly explain!
If an employee gets hurt and has sick days,vacation days or FMLA, the employer has the right to use these days up first..
 

zippysgoddess

Senior Member
And as you just said, they have the right to use those days, at their own option, but they are not REQUIRED to offer those.

mlane58 is correct, they do not have to hold your job any longer than 12 weeks. Though they still have to pay comp until you are able to work again, and they also must still cover your medical from the work injury.
 

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