FMLA Questions and Answers for Nevada Injured Workers
Q: What is FMLA?
A: FMLA is The Family and Medical Leave Act of 1993, a federal law that requires employers of 50 employees or more to grant up to 12 weeks of unpaid protected job leave to eligible employees for certain family and medical reasons. There is a 12-month eligibility requirement, and only serious health conditions are covered. 29 U.S.C.A. Sections 2601, et.seq.
Q: Can my employer reduce my FMLA time while my treating physician takes me off work for my accepted work-related injury or occupational illness?
A: Yes, your employer can require that you complete FMLA paperwork and can reduce the amount of FMLA time you have available even though you are off work under an accepted workers' compensation claim.
Q: If FMLA time is running during my work injury, can my employer terminate my job?
A: During FMLA time, your employer may not terminate your job. At the end of your FMLA time, or 12 weeks, if your employer does not have light duty work within your restrictions, and if your employer decides not to extend your unpaid leave of absence, your employer may decide to terminate your employment. Your workers’ compensation benefit checks would continue, however. You would also be considered for vocational rehabilitation when you have permanent work restrictions if your employer is unable or unwilling to rehire you and offer you a permanent job within your permanent work restrictions.
Should an employer of less than 20 employees have an injured worker fill out FMLA paperwork OR make it availiable to employees? Is an employer of less than 20 employees even covered under the FMLA Law(s)?
FMLA does not apply to private employers employing less than 50 employees. While such employers are not required by FMLA law to provide leave, the employer could choose to allow employees leave without pay under circumstances that are applied consistently to all employees.
hello,I was injured august of 2009 on the job,the company isurance agency is holding the case up in court with apeals after apeals with no moneys for me to live on.my guestion is can i go to the court and ask for emergency money to live on intell this process is done.
Your comment does not state what court you are involved with at this time. I assume that you have an attorney representing you if you have been dealing with appeals after appeals. If not, it sounds like it may be time to get legal help. Usually, hearings and appeals officers do not allow injured workers to ask for emergency money pending the outcome of an appeal. The reason for that is that the law does not allow the insurance company to recoup the money paid out to you.