Can I be fired while out on workers compensation?

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Can I be fired while out on workers compensation?

I work for a housing authority. I had an on the job injury 4 months ago. I’ve been going to all appointments and faxing documents to my supervisor. A co-worker called me and said that my supervisor said that I’m on a list for termination at the end of March. Can

this happen to me? A friend said that I should file for FMLA. Should I and what are the benefits of FMLA?

Asked on March 27, 2017 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The good news is you cannot be fired for simply filing a workers’ comp claim. However, this does not mean you cannot be fired while your claim is active. If your employer can demonstrate there were reasons for firing you or laying you off unrelated to your claim, then they can terminate ou, even if your claim is open. That is unless doing so violated the terms of an employment contract or collective bargaining agreement. As for the FMLA (Family Medical Leave Act), it provides up to 12 weeks of unpaid leave if your employer has at least 50 workers and you have worked a total of 12 months for at least 1250 hours.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The good news is you cannot be fired for simply filing a workers’ comp claim. However, this does not mean you cannot be fired while your claim is active. If your employer can demonstrate there were reasons for firing you or laying you off unrelated to your claim, then they can terminate ou, even if your claim is open. That is unless doing so violated the terms of an employment contract or collective bargaining agreement. As for the FMLA (Family Medical Leave Act), it provides up to 12 weeks of unpaid leave if your employer has at least 50 workers and you have worked a total of 12 months for at least 1250 hours.


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