If I am off on worker's compensation, will I lose my job?

Question

How long can I be off on worker's compensation before I need to worry about losing my job? I was told it was the same as being off on FMLA, but wondered if anyone knows for sure. I am looking at being off anywhere from 6 weeks to 4 months. Thanks for any help.

Answer 1

there is no law other FMLA that protects you while on WC you can be terminated at any time, even if you have FMLA you can still be terminated after 12 weeks

Answer 2

You will need to check with your state's Department of Labor.  Some states do not allow a company to fire an employee who is on workmen's compensation and has not yet been released by the attending physician.  I've worked in 5 states in the last 30 years, in accounting and payroll and corporate administration, and none of the states where I've worked have permitted such a firing.

Your state's Dept. of Labor will have a web site that should have at least basic information regarding your rights and responsibilities while on workmen's comp.  There will also be a phone number that you can call to get a definite answer from a real person.  Give them a call.  Get the name and the direct phone line of the person you talk to, because you may need to follow up later and it's helpful to talk to the same person.

And yes, some states will allow an employer to fire someone who is still covered under workmen's comp.  But get your state agency to give you the answer for your state.

Answer 3

You are protected for up to 12 weeks via FMLA while you are on w/c.  Some employers will hold the job longer, but they are not required to under federal law.

Answer 4

I don't think you can be terminated if you are off on compensation.  It is up to workers comp insurance how long you are to be off.  I think your job or another job at the same company has to be made available to you when you go back.