Ask Your Employment Law Question. Employment Law Experts Answer You ASAP.

(Not a Employment Law Question?)

I am currently out on comp. due to surgery for a work ...

Sent to Employment Law Experts April 29 11:44 AM

I am currently out on comp. due to surgery for a work related injury. Prior to leaving for surgery my employer said it would be best if I was placed on family medical leave act while I was out. This does not seem right to me. On FMLA I am required to pay my employee share of health insurance cost and I also cannot accrue any benefit time while out as this takes me off payroll. This seems like a double whammy. I was injured on the job and now it seems like I am being penalized for having to miss time. Can they do this? I also need advice regarding FMLA - my sister will require surgery later this year and she will need post operative assistance. If I need to take time off to care for her would I be covered by FMLA

 

Optional Information:
gloucester, Massachusetts

Already Tried:
nothing

Customer (name blocked for privacy)
Status:  Closed   Value: $15
Info Request
April 29 11:49 AM (5 minutes and 9 seconds later)
         
REPLIED to Info RequestCheck Mark

Hello.

I will try to answer this for you, but I need a little more information first.

What state are you in? Did your employer tell you why it would be best if they placed you on family medical leave? Do you know how long you are likely to be out of work, and is there any risk that the employer will not hire you back? Are you currently receiving a portion of your earnings?

Picture
ADillon -- Lawyer -- 100% Positive Feedback on 24 Employment Law Accepts
More than thirteen years of experience with business disputes, including employment issues.
Reply
April 29 3:35 PM (3 hours and 46 minutes and 33 seconds later)
         
Reply to ADillon's Post: I am in the State of Massachusetts -
Yes my employer stated it would be best to place me on the family leave act but I am not sure if it is best for them or me. They indicate that this way I would only have to pay my employee share of health insurance but aren't they obligated to continue to provide this benefit because I am on comp. and it is a work injury that is causing my absence

I will be out for only 6 weeks - and at this point I am receiving full disability payments from workers comp.

At present I have no reason to believe that I will not be hired back.
Customer (name blocked for privacy)
Answer
April 29 9:59 PM (6 hours and 23 minutes and 41 seconds later)
         
THIS ANSWER IS LOCKED!
You can view this answer by clicking here to Register or Login and paying $3.
Picture
ADillon -- Lawyer -- 100% Positive Feedback on 24 Employment Law Accepts
More than thirteen years of experience with business disputes, including employment issues.
Think you can answer this question?
Login or Become an Expert

Related Answers

 

DISCLAIMER: You acknowledge that any information you may obtain from individuals you contact through use of the JustAnswer service comes from those individuals, not from JustAnswer, and that JustAnswer is not in any way responsible for any of the information these third parties may supply. The site and services are provided "as is" with no warranty and no representations are made regarding the qualification of an Expert. Responses and comments on JustAnswer are for general information and are not intended to substitute for informed professional advice (such as medical, legal, investment or accounting) and do not establish a professional-client relationship. JustAnswer is not intended or designed to address EMERGENCY QUESTIONS which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.

JustAnswer > Employment Law Advice