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WC and FMLA (California)

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  • WC and FMLA (California)

    I have been out on disability since January due to a work injury. Today (4/7/05), I received a letter from my employer that my disability leave is classified as FMLA and has ended 4/13/05. Can my leave be classified under both workers' compensation and FMLA? Are there any negative consequences besides not being eligible for another FMLA in the next 12 months? Also, can my employer provide notification retroactively? Thanks!

  • #2
    Fmla

    First of all, your leave cannot be applied retroactively. So, I hope, for their sake, that you were informed that you are on an FMLA before now. Assuming they did, a workers compensation leave and an FMLA leave can occur simultanteously. The purpose of a FMLA leave is to protect your job during that period. If the FMLA coverage ends, your employer can terminate your employment. So, in a sense, that may be seen as a penalty but a legitimate one.
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

    Comment


    • #3
      Late FMLA Notice for WC Injury

      Since I did not receive any prior notice from my employer that my workers' compensation leave is also classified as FMLA, do I have a right ask my employer to reevaluate my FMLA to start on the date of my notice and not retro. back to January. Is this written in the law somewhere so I can cite it to my employer?

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      • #4
        WC and FMLA

        Your employer must notify you, re: your FMLA leave, as opposed to the workers compensation leave. I don't believe that you can force your employer to extend your leave. You can read more about FMLA notification requirements at: http://www.dol.gov/esa/whd/fmla/

        California's workers compensation requirements may be found at: http://www.dir.ca.gov/DWC/dwc_home_page.htm
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment

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