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  1. #1
    Join Date
    Apr 2012
    Posts
    1

    Default FMLA As It Relates or Applies to Worker's Comp

    My question involves workers compensation law for the state of: North Carolina

    Someone else may have already asked this question,so please forgive me if it has already been asked.
    I'm out of work due to an injury that happened at work. Had surgery as fast as I could. Been to all my appointments and PT (minus one day due to death in family). Doctor is releasing me very soon. Got letter from my employer stating that I have used 10 weeks of FMLA while I have been out. I have not requested FMLA nor did I request it before my surgery. The question is: Can my employer make me use FMLA when I'm out due to injury that occured on the job where I am covered by Worker's Comp? If so, please direct me to the information showing that they can or if not, direct me to that information please.

    Thanks

  2. #2
    Join Date
    Sep 2011
    Posts
    247

    Default Re: FMLA As It Relates or Applies to Worker's Comp

    not necessarily.
    if your job is not protected by FMLA, you are subject to immediate termination.
    generally it's in your best interest to protect your job.
    http://www.dol.gov/whd/regs/complian...ers/fmlaen.pdf

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    16,124

    Default Re: FMLA As It Relates or Applies to Worker's Comp

    If the employer, the employee and the medical condition all qualify for FMLA, then the employer MUST utilize it, regardless of whether you ask for it and regardless of whether it is or is not work related. FMLA is not optional on either your part or the employer's.

    It's a little more complex than that if you want to get into the whys and wherefores, but that is the bottom line.

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