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Been on new job less than 1 month and I became injured

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  • Been on new job less than 1 month and I became injured

    [South Carolina]
    I started a new job. And in less than 1 month I was injured on the job. I hurt my knee and now I have been out of work almost 1 month. I have somewhere close
    to another 2 weeks before I go back to the doctor. In the mean time between now and when I go back the doctor wants me to do physical therapy on my knee. One of my questions is: This is my first major accident and I am worried I won't I won't get my same job back. I know anyone can be replaced but I was enjoying my job. Is this something I should be concerned with? Or will I be able to get my same job back? Someone else is already doing my job as I found this out a week and half ago. Or will I even have a job at all when I am released? I am on Temporary Total Disability. Thanks in advance for replies.
    Last edited by ProtoKoL; 12-27-2006, 09:17 PM. Reason: Added State

  • #2
    If you were only on the job for less than one month, then you would not be covered by the provisions of the Family and Medical Leave Act (FMLA) which provides up to 12 weeks o unpaid leave with job protection for serious medical conditions. FMLA requires that the employer have 50 or more employees within 75 miles of your job site, that you've worked for the employer for more than one year, and that you've worked more than 1,250 in the past year. Unfortunately, even if your employer is large enough to be covered by FMLA, you haven't worked there long enough.
    I am not able to respond to private messages. Thanks!

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    • #3
      I don't think my employer would be covered under the FMLA act. The office I work out of is small but there are a few more offices throughout the state though. @ Marketeer, are you saying that they don't have to give me my *edited* job back? If thats so thats not fair. I didn't get hurt on purpose. Any way thanks for replying.
      Last edited by ProtoKoL; 01-14-2007, 02:12 PM.

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      • #4
        It may not be "fair" but it is legal. Since you have only been with them for under a month, you do not qualify for FMLA regardless of the size of your employer, and as such they are not obligated to return you to the same job; in fact, they may not be obligated to return to you any job (I'd have to check SC workers comp statutes on that one).
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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