Legal Question in Medical Leave in Florida

Fmla

I was injured on job and am receiving workmens compensation. Employer now wants to put me on FMLA. Will I still be covered by workmens compensation while on leave?

Am I entitled to disability or other workmens compensation payments while on leave?


Asked on 12/21/06, 4:37 pm

1 Answer from Attorneys

Re: Fmla

The answer to both quesitons is yes. FMLA is only a type of protection, not leave or insurance. In other words, it guarantees that you keep your job and aren't hassled or disciplined for taking leave (up to 12 weeks in a 12 month period) for serious health conditions, birth of a child and some other matters.

The employer must count qualifying leave as FMLA, and they want to do this to ensure you don't get more than 12 weeks per 12-month period. But you are still entitled to workers' comp. and disability if you qualify.

Get well soon and don't take advantage. Too many people use these things as paid vacation which makes it hard for all the honest people out there when they need these protections.

Good luck and be well!

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situaiton. It thus can not be relied upon as legal advice nor it the author responsible or liable for any actions by the parites involved in the matter.

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Answered on 12/22/06, 9:29 am


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