Legal Question in Medical Leave in California

Workers Compensation and FMLA

I was injured on the job and am collecting workers comp. My work wants me to sign an FMLA form. In this form it states I can be out for 4 months and if I do not return to work by then they ''may'' terminate me. I don't know if I should sign since this is a job related injury and I can't return to work until my doctor releases me, which may be before the 4 months but may be later depending on my recovery. What do I do? I have read the Industrial Relations info, Workers Comp and the Calif. Labor Law and FMLA. It seems to me that an injury outside of work would be covered by FMLA but not an injury related to work. Thank you very much for providing a place to receive this kind of info.


Asked on 7/07/03, 9:38 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Workers Compensation and FMLA

The two laws are not mutually exclusive. You may be eligible for both FMLA leave and workers compensation benefits. You should, however, meet with a workers' comp. attorney to discuss the merits of your case and what your rights are if you cannot return at the end of your FMLA leave which, by the way, is 12 weeks, not four months.

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Answered on 7/16/03, 1:13 am


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