Legal Question in Employment Law in Pennsylvania
FMLA and Workmans Comp
We currently receive an incentive day for not using any sick time, the administration is proposing to not give that day to anyone who goes out on workmans comp. If FMLA and workmans comp run concurrently can they take that bonus day away
1 Answer from Attorneys
Re: FMLA and Workmans Comp
The Employer can't yellow dog the issue, i.e. require the abondonment of a right as a condition of (continued) employment. Its policy may result in a nice little class action for willful derogation of Employees' rights in our Commonwealth.
Is this a public or private employer? Constitutional rights may be implicated as against a state actor.
If your employer has more than 15 EEs, you may have a separate FMLA claim if workers are shortchanged. Of interest will be if persons using the sick day -but who do not need to go on workers' comp are treated equally with those who do.
best of luck
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