FMLA- using personnel time & work man's comp

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Alexandra1

Tue, Dec 13 2022, 10:58 am

got injured at work. I requested using personnel time and that is ok because I am getting percentage back from work man's comp. work place is telling me to fill out FMLA paperwork because it protects my job and benefits. My workman's comp lawyer says he does not know FMLA. is that true ?
x Some or all of your FMLA leave will not be paid. Any unpaid FMLA leave taken will be designated as FMLA
leave and counted against the amount of FMLA leave you have available to use in the applicable 12-month period.
x Other: (e.g., short- or long-term disability, workers’ compensation, state medical leave law, etc.)___workman's comp______________________
Any time taken for this reason will also be designated as FMLA leave and counted against the amount of
FMLA leave you have available to use in the applicable 12-month period.
The applicable conditions for use of paid leave include: _use of accrued personal/sick time____________________________________
they darkened /selected both these boxes.
why did they select both boxes?

cookier

Tue, Dec 13 2022, 11:08 am

1) If your workman’s comp lawyer doesn’t know how FMLA and workman’s comp intersect, you need a new lawyer.

2) HR isn’t there for you, it’s there for the company. Any time you’re being pressured to do something by HR, assume it’s in their interest, not yours.

What state are you in? Every state I’ve worked in prohibits firing or demoting someone on workman’s comp. Assuming yours does too, I don’t see what purpose FMLA would serve.
Sounds like they’re trying to get you to take them at the same time so that if you’re out longer than both cover, they can fire you. Remember also that FMLA is what protects you while on parental leave, so if you’ve taken that in the last 12 months or plan to take it again, any leave you take now will be counted against that if you have a baby within 12 months of your last FMLA day.

number

Tue, Dec 13 2022, 11:10 am

Google says yes, your work can require you to use fmla while you are on workers comp. But your lawyer ought to know more than google. So it’s odd that he can’t answer your questions.

Alexandra1

Tue, Dec 13 2022, 12:17 pm

cookier wrote:

I’m in New York

Alexandra1

Wed, Dec 14 2022, 12:22 pm

maybe was not clear. They want me to take Fmla with workman’s comp. Does taking Fmla at same time taking workman’s comp void workman’s comp?

cookier

Wed, Dec 14 2022, 3:49 pm

Alexandra1 wrote:

maybe was not clear. They want me to take Fmla with workman’s comp. Does taking Fmla at same time taking workman’s comp void workman’s comp?

This really is a lawyer question, but no, taking FMLA doesn’t void worker’s comp. It sounds like New York doesn’t prohibit employers from firing someone on workman’s comp, so if you will likely be out of work long enough that your employer might want to replace you, it may make sense for you to request FMLA, which does protect your job, but only gives you 12 weeks. Alternatively, if you might be out longer than 12 weeks, you may want to give it some time before requesting an FMLA leave so that your job protection can last longer.

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