Although many Ohio employers follow proper protocols, some may try to sidestep the law in order to save money. This is especially true in regards to workers' compensation. When an employee is injured on the job, the employer may try to coerce the worker to take paid leave through the Family and Medical Leave Act. This then gives the employer the opportunity to fire the employee after 12 weeks.
FMLA allows employees to take unpaid leave for up to 12 weeks while protecting his or her job. The leave is given to those who need time off to manage medical issues for themselves or family members. Injured employees should always be given the choice to take either FMLA or workers' compensation.
One such choice was put in question in a recent compensation leave case. Jorge Melendez applied for workers' compensation leave after severing the tendons in one hand. Although he refused FMLA leave, which his employer had suggested, he was placed on the program anyway. Melendez was later fired after the employer said he had failed to return to work with a clearance. Melendez sued and was awarded more than $100,000 in damages, claiming he was fired as retaliation for not taking FLMA and vacation leave.
Some employers may try to persuade workers to take FMLA because if the employee fails to come back to work after 12 weeks, he or she can be fired. Some companies also try to encourage employees to take vacation time or other paid time off so that companies can keep costs down. This is because workers' compensation is offered for an indefinite amount of time and can be very costly for companies.
Many employees are tempted to use their accrued vacation time because they will receive full pay. If they choose workers' compensation, they may not receive their full pay. However, they will be covered for a longer period of time, so they may get more money in the long run.
Employees have the legal right to choose workers' compensation benefits after suffering a workplace injury. They should not face retaliation from their employer for making this choice. If they are fired or otherwise punished or harassed in some way, they may be able to sue and possibly receive compensation for their damages.
Source: Business Management Daily, "Beware offering FMLA instead of workers' comp," March 12, 2014
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