How Long Before Being Terminated

chiefsteward · #1 01-31-2009, 10:33 AM

My question involves workers compensation law for the state of:Maryland
Can an employer terminate someone out on WC after 26 weeks?

Betty3 · #2 01-31-2009, 05:57 PM

Yes, they can. Even if you qualified for FMLA (job protected leave), it only protects your job for up to 12 weeks. (& they can even terminate you while on FMLA if they would have terminated you had you not been on FMLA leave)

chiefsteward · #3 02-02-2009, 04:57 PM

I was afraid of that. I have been searching all over the place and could not find anything to support holding a job while out on WC. Do you have a good link to support what you are saying. Luckily, he will still have his WC benifits to help him along. He will just have to re-apply if he gets released from the Doctor.
Thank you!

cyjeff · #4 02-02-2009, 06:02 PM

Google "FMLA".

I will say that there is a small exception... that if the injury was directly resultant from an incident involving the employee's military service.

Betty3 · #5 02-02-2009, 09:00 PM

Quoting chiefsteward

I have been searching all over the place and could not find anything to support holding a job while out on WC.

Maryland website:
Question #4: I was injured on the job and now receive worker's compensation. Doesn't my employer have to take me back when I am certified as able to work?
No. Your employer has no obligation to return a worker who is no longer certified as needing worker's compensation and is ready to return to work.

http://www.farberlegal.com/CM/Custom...from-Mindy.asp

If an employee qualified for FMLA their job is protected for up to 12 weeks while on WC.

chiefsteward · #6 02-03-2009, 06:04 PM

Thanks for help.

Betty3 · #7 02-03-2009, 10:05 PM

Sure, you're welcome.