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Q: Can I go back to work and still have FMLA protections?
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Is fmla mandatory with an OJI?

I was injured on the job but did not miss work. Must I file for FMLA?


Can you file unemployment while on fmla?

If you are receiving FMLA benefits, you are still employed. Unemployment is for people that are not employed, therefore you would not be eligible for benefits. You would have to wait until your FMLA and any other possible leave is exhausted before applying for unemployment. However, if you are still not able to work after your benefits are exhausted or caring for someone and not available to work, then you could be denied based on those factors. Correct. FMLA leaev is only for those still emepeloyed, but totally incapacitated from working by their med condition or the relative's condition. Folks totally incapacitated from working can never get unemployment benefits.


Can you still collect short term disability when FMLA runs out?

Short term disability will continue to pay benefits as long as you remain disabled - up to the benefit period limit. FMLA is a separate program that provides job protection for 12 weeks. The two are unrelated.


Do you get wages when on FMLA?

Possibly. While the FMLA only gives you time off work and it does not entitle you to wages, you dp have the right to request that you receive any vacation pay or sick leave pay if you have any accrued.


I work part-time under FMLA I had to work 1250 hours to qualify?

Right. You are not eligible for FMLA until you have BOTH worked one full year AND worked 1250 hours in the 12 months preceding the first day you want FMLA leave.


What if your doctor has not released you to work and your FMLA is over can your employer not hold a job for you and fire you?

as long as you have your fmla papers sign from your dr which it should indicate how long he or she is holding you from going back to work, you should be fine, keep in mind you have to make sure your job also have copy of your dr's note and papers at the same time your out. If FMLA has expired your job will not be protected completely, it will be job as available. In other words it does not have to be a equal pay or position.


If my company's work schedule is 5 days a week with the occasional Saturday and I took a fmla on 06 09 2014 and returned 08 25 2014 would I still have time to take off for the fmla?

If you have already took days off but not all the time you can still take time off. I would check in with the boss first.


Can workman's comp time be counted against your FMLA time?

FMLA runs concurrent with the first missed day of work due to the on-the-job injury. If you meet the FMLA requirements, your job must be held for at least twelve weeks.


How can you prevent overtime work?

Have a qualifying illness with an FMLA.... Family Medical Leave Act.... Documentation from your physician


What if your employer requires you to return to work and you are on workmans comp and your doctor has not released you to work and fmla is over can the employer and fire you?

yes they can and will probably fire you.


Can your employer fire you 5 days after FMLA expire without giving you a chance to return to work while you are still on worker's comp from getting hurt at work?

No. Well, yes, he can fire you, but he is likely violating federal law if he does. Especially considering the Workers Comp issue.


What are an employees rights when he returns to work after FMLA expires and his prior position is nolonger available and he cant perform the new position offered to them due to a disability?

what are an employees rights when returning to work after fmla and full time position is nolonger available, but lower paying part time position is in a different department?