[lovinlife]

Hi, I just got a letter in the mail saying from my employer that my FMLA has run out and that they have put me on regular leave of absence and that I have to have a out of work note every 30 days or I can be reprimanded or terminated if not returning 3 days after a leave is up.

How can they just use my FMLA when I am on Workmans Comp, I use my FMLA for foster care, so is it all gone, or is there some trick that I can use to get it back. I did not know they could just use leave like that. :roll:

Jen

[aaron]

Did you request FMLA time to run concurrently with your workers' compensation time?

The biggest advantage of the FMLA is that the employer must provide you with a job of equivalent pay and benefits upon your return to work. If your FMLA time is up, you may have lesser job protections under workers' compensation law.

[lovinlife]

I did not request fmla at all, I did not know I had to being i was injured on the job and did not need a reason to be out. She told me that I am on regular leave now, I think they have it in for me now. The doctor said he thinks its chronic pain and could last forever and now they send me this.

Also, do you know ABOUT what percentage of a settlement a wc lawyer would ask for in virginia, I had one tell me 9-12 and another said 25

Thank you for the quick responses
Jen

[aaron]

Attorney fees for Virginia workers' comp benefits are approved on a case-by-base basis. If the lawyers are otherwise equal, it makes sense to use the one who will represent you for a lower fee.

[lovinlife]

can my employeer put me on fmla without me requesting it , now its gone and when I need it for foster care , will I be able to use it again?


Thanks Jen

[aaron]

If you don't think your employer acted properly under the FMLA, you may wish to file a complaint. However, you would benefit from discussing your situation with a local lawyer who deals with these issues.