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Alabama Workers Compensation Questions FMLA

Alabama Workers Compensation Questions FMLA

Alabama Workers Compensation Questions: Can I be forced to use FMLA while recovering from a job injury?

Yes. The Family Medical Leave Act was not signed into law until 1993, and for the first part of my practice in the field of Alabama workers' compensation law FMLA was either not the law, or was not being used in conjunction with injured workers seeking workers compensation benefits. That has changed, and now it is unusual for an injured worker not to ask us why they are being forced by their employer to sign up for FMLA while they are out of work trying to recover from a job injury.

The Family Medical Leave Act (FMLA) protects the jobs of persons who work for a company with 50 or more employees who have to miss work for up to 12 weeks in a year; be it to battle an illness, recover from an injury, to spend time at how after the birth/adoption of a child or to help care for a loved one; your position with the company is protected and your health benefit will continue-although there is no provision for pay during the time off work. At the end of the 12 week period, the worker can return to work at their job or at a similar job. If the worker is not able to return to work, then their job is no longer protected and they can be terminated.

When it comes to workers compensation cases, FMLA protects the injured worker's job up to 12 weeks, and this is a valuable benefit; but, in my experience, oft times the employer forces the injured worker to exhaust their FMLA benefits so that they will be free later to terminate the injured worker without fear of being sued for retaliatory discharge.

If you have suffered a serious injury and fear that you may lose your job, you should know that in Alabama, you may be entitled to additional vocational benefits should this occur.

If you or a loved one suffered an injury at work and you have questions about your right to Alabama Workers' Compensation benefits, don't hesitate to contact and speak to one of the experienced Alabama Workers Compensation Lawyers at Powell and Denny today.

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Alabama Workers Compensation Questions FMLA

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