Comments on: If an employee applied for FMLA due to a non-work related injury can she be terminated? http://workers-comp-rights.com/injuries/if-an-employee-applied-for-fmla-due-to-a-non-work-related-injurycan-she-be-terminated/ Workers Compensation Rights News and Information. Stay Informed, Know Your Rights. Wed, 08 Feb 2012 10:40:16 +0000 hourly 1 http://wordpress.org/?v=3.1.2 By: Electric Cigarette http://workers-comp-rights.com/injuries/if-an-employee-applied-for-fmla-due-to-a-non-work-related-injurycan-she-be-terminated/comment-page-1/#comment-19602 Electric Cigarette Tue, 20 Jul 2010 05:38:10 +0000 http://workers-comp-rights.com/injuries/if-an-employee-applied-for-fmla-due-to-a-non-work-related-injurycan-she-be-terminated#comment-19602 1 crucial point I really enjoy about blog articles may be the truth that they spark an idea in my brain. Immediately after that comes about, I feel as I ought to comment while using hope it's practical to some people. 1 crucial point I really enjoy about blog articles may be the truth
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]]> By: HRM http://workers-comp-rights.com/injuries/if-an-employee-applied-for-fmla-due-to-a-non-work-related-injurycan-she-be-terminated/comment-page-1/#comment-12988 HRM Wed, 17 Feb 2010 14:47:16 +0000 http://workers-comp-rights.com/injuries/if-an-employee-applied-for-fmla-due-to-a-non-work-related-injurycan-she-be-terminated#comment-12988 Your next step is going to be governed in part by what your company policies are. Once the FMLA expires, you are no longer obligated to follow the same protections. Does your company have any personal or medical leaves that are offered in addition to FMLA? If so, then follow those procedures. If not, you'll also want to be careful that her condition is not falling under ADA. If so, it has been mentioned that a request for an additional month of leave may be considered a reasonable accomodation. If you have the option, I would also get legal counsel involved to make sure you aren't opening yourself up to FMLA retaliation lawsuits or ADA lawsuits. Good luck! Your next step is going to be governed in part by what your company
policies are. Once the FMLA expires, you are no longer obligated to
follow the same protections. Does your company have any personal or
medical leaves that are offered in addition to FMLA? If so, then
follow those procedures. If not, you’ll also want to be careful
that her condition is not falling under ADA. If so, it has been
mentioned that a request for an additional month of leave may be
considered a reasonable accomodation. If you have the option, I
would also get legal counsel involved to make sure you aren’t
opening yourself up to FMLA retaliation lawsuits or ADA lawsuits.
Good luck!

]]> By: armychick_2001 http://workers-comp-rights.com/injuries/if-an-employee-applied-for-fmla-due-to-a-non-work-related-injurycan-she-be-terminated/comment-page-1/#comment-12908 armychick_2001 Tue, 16 Feb 2010 05:46:25 +0000 http://workers-comp-rights.com/injuries/if-an-employee-applied-for-fmla-due-to-a-non-work-related-injurycan-she-be-terminated#comment-12908 If her performance was going downhill before her injury, did she get a written evaluation? If so, sadly, she probably won't have a legal case against them. She should apply for unemployment or temporary disability. Most companies (and the federal government) have no obligation to retain you past the periods covered by sick leave, FMLA and FEFLA unless you are under a contract that states otherwise. If her performance was going downhill before her injury, did she get a written evaluation?

If so, sadly, she probably won’t have a legal case against them. She should apply for unemployment or temporary disability.

Most companies (and the federal government) have no obligation to retain you past the periods covered by sick leave, FMLA and FEFLA unless you are under a contract that states otherwise.

]]> By: midnightmoon62 http://workers-comp-rights.com/injuries/if-an-employee-applied-for-fmla-due-to-a-non-work-related-injurycan-she-be-terminated/comment-page-1/#comment-12907 midnightmoon62 Tue, 16 Feb 2010 05:03:38 +0000 http://workers-comp-rights.com/injuries/if-an-employee-applied-for-fmla-due-to-a-non-work-related-injurycan-she-be-terminated#comment-12907 You are entitled to 12 weeks. Anything beyond 12 weeks is up to the employer. So yeah, that was legal. http://www.dol.gov/elaws/esa/fmla/faq.asp Employees who are unable to return to work and have exhausted their 12 weeks of FMLA leave in the designated "12 month period" no longer have FMLA protections of leave or job restoration Its close to the bottom, maybe 4 or 5 questions up from the bottom You are entitled to 12 weeks. Anything beyond 12 weeks is up to the employer. So yeah, that was legal.

http://www.dol.gov/elaws/esa/fmla/faq.asp
Employees who are unable to return to work and have exhausted their 12 weeks of FMLA leave in the designated “12 month period” no longer have FMLA protections of leave or job restoration

Its close to the bottom, maybe 4 or 5 questions up from the bottom

]]> By: glittrgrl69 http://workers-comp-rights.com/injuries/if-an-employee-applied-for-fmla-due-to-a-non-work-related-injurycan-she-be-terminated/comment-page-1/#comment-12906 glittrgrl69 Tue, 16 Feb 2010 04:19:04 +0000 http://workers-comp-rights.com/injuries/if-an-employee-applied-for-fmla-due-to-a-non-work-related-injurycan-she-be-terminated#comment-12906 You can apply for FMLA for medical leave regardless if it is a work related injury or not. So based on that alone I would say NO but it also depends on the employment laws in your state. You may want to visit the link I gave below where it list the eligibility requirements and so forth. I don't know what state you are in but in TN you can be fired for no reason whatsoever. You can apply for FMLA for medical leave regardless if it is a work related injury or not. So based on that alone I would say NO but it also depends on the employment laws in your state. You may want to visit the link I gave below where it list the eligibility requirements and so forth. I don’t know what state you are in but in TN you can be fired for no reason whatsoever.

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