Legal Question in Workers Comp in Louisiana
We have an employee that has been off work for 8 weeks due to a work related injury. Before that employee was injured, he had 3 weeks of vacation on the books. Does this employee get to return to work with those 3 weeks of vacation time?
Asked on 10/22/10, 11:10 am
1 Answer from Attorneys
Adam Lambert
The Law Office of Adam S. Lambert
No. While the FMLA would allow him to return to his job after a covered illness, the FMLA does state that the employee may be forced to use all sick leave and vacation time before using time under the FMLA. Also, the leave under the FMLA does not need to be paid leave.
The FMLA is a very complicated law. I would suggest that you discuss the situation with an attorney before making any decisions. If your company does not have any attorney, you should find one.
Answered on 10/29/10, 3:28 am
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