One of the most frequent questions that I get from my workers’ compensation clients is whether they can get fired while on workers’ compensation. Sadly, the answer is yes. An employer can fire you when you are on workers’ compensation, but they can’t fire you for applying for or being on workers’ compensation. Under Workers’ Compensation Law Section 120. there are penalties and fines levied against an employer for such discrimination.
However, if your employer has a non-discriminatory reason for firing you, such as “we needed to fill the position,” “your Family Medical Leave Act (FMLA) ran out,” or “we eliminated your position.” It is up to the claimant to prove that the employer’s reason was untrue and that they really discriminated against them. Such proof can be difficult to obtain and Section 120 cases are difficult to prosecute.
What about FMLA?
FMLA, or the Family Medical Leave Act, allows certain employees 12 weeks of unpaid medical leave for “a serious health condition that makes the employee unable to perform the essential functions of [their] job.”
This means that for this period of time, your employer has to let you keep your group health coverage and cannot eliminate your position. However, if you are still disabled after that period of time your employer can terminate you.
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About the Author
Jason B. Kessler Attorney At Law is a full service law firm where attorneys with their extensive experience provide strong & Aggressive defense against Personal Injury cases.