Legal Question in Workers Comp in New York

workmen's compensation & Family Medical Leave Act

I was injured on the job (attacked by a student)on Nov. 15th, 2007 and have been off work since due to injuries sustained. Today, Jan. 28th, 2008 I received a letter from my employer stating that they are considering my time off as a ''Family Medical Leave Act'' although I never requested to take a FMLA. When I contacted them, they stated they have the right to designate my time off as a FMLA concurrent with my Workmen's Compensation time off. Is this legal? I'm sure my employer is not doing this to protect me, so why would they choose to do this-to what benefit? Thanks for the help


Asked on 1/28/08, 9:04 pm

1 Answer from Attorneys
Michael Stacy Law Offices of Michael P. Stacy

Re: workmen's compensation & Family Medical Leave Act

The short answer is yes, they can do this. It is important to remember that FMLA is a Federal Law and Workers' Comp is a State Law mandated by the Federal Government. FMLA essentially guarantees your job back if you take time off from work for family reasons or personal reasons regardless of who or what caused the time off. It is a good benefit because workers' comp does not make a similar guarantee. Employers typically make this move because they do not want workers taking time off for workers comp and then, when they are released to return to work, opting to take their full FMLA time off. It can have the unfortunate effect of impacting injured workers who are hit with a serious family need in addition to the time they have already been charged while they were out on their comp injury.

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Answered on 1/28/08, 9:42 pm


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