Can my employer put me out on FMLA while i am collecting Worker’s compensation in NYS?
I was injured at work in February. i returned to work in April and worked thru June on light duty then my employer layed me off because they had no light duty. I returned to collecting Worker’s comp benefits. My employer sent me a letter stating i was on FMLA since February and terminated my health insurance. I did not request or sign anything seeking FMLA. Can my employer do this? Put me on FMLA without my request?
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Your employer can categorize your leave as FMLA if you have a serious medical condition, but that is to your benefit. You are permitted to take off up to 12 weeks without being retaliated against under FMLA. However, I don’t see how the employer can terminate your health insurance. That may be illegal.
Your employer CAN run the comp leave with the FMLA unpaid leave,
BUT, they cannot back date the FMLA, and can ONLY run together once
you have been notified IN WRITING of the intent. FMLA begins once
you have requested, or been notified by the employer. Info on the
overlap of WC/FMLA/ADA/EEOC is here
http://www.ppspublishers.com/articles/fmla.htm Notify your employer, in
writing, certified, return receipt requested, they have misinformed
you of the intent to run WC leave and FMLA from the same dates.
making use of the SE such as google or yahoo to generate some ideas first if you would like to get the massive information,nonetheless if you would not want to put so much time,here http://www.healthinsurance-onlinetips.info/health-insurance-for-free.htm is a direct and useful resource for your questions.