Warminster, PA asked in Workers' Compensation for Pennsylvania

Q: Can a company force you to sign a Family Leave Act under workman's comp issues

I live in Pennsylvania but work in New Jersey can a company force you to sign a Family Leave Act as part of a workman's due to my health issues I need to use the Family Leave Act later on down the line was told if I'm do not sign the papers I will be forced to lose my benefits from the time that I was out of work under workman's comp

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1 Lawyer Answer
Timothy Belt
Timothy Belt
  • Workers' Compensation Lawyer
  • Hazleton, PA
  • Licensed in Pennsylvania

A: FMLA is to provide you with job security that you would not have under workers' compensation alone. If the situation warrants, the employer can require that FMLA time is used for a work injury. From what you describe, it sounds like the employer is giving you a choice of preserving the employment relationship while you are out due to the work injury by using the FMLA time and thereby maintaining your other benefits, or not using the FMLA time in which case your employment would be suspended during the time you were off for the work injury along with your entitlement to benefits through the employer. Assuming this is the case, there are real advantages to you in using the FMLA time for the work injury.

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