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Fmla leave being retroactively used by employer?
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Fmla leave being retroactively used by employer?

Hi i was injured at work in oct i had ruptured l4l5 and ended up going through epiderals and eventually having surgery. So i get back to work last week and i get a letter from hr telling me i have been granted fmla leave. I never asked for it cause i thought it was covered under work comp. Anyway i thought good i still have really bad days and sometimes cant make it through a shift.So 2 days after i get the notification of eligiability of leave i go home early from a shift once my work is done and call in the next day and tell them ii am useing the fmla i had just been granted. I promptly got an email from hr telling me that all my leave was used up due to the work comp surgery..i only received notice of benefts 2 days ago.. can they use my fmla time up retroactively for something that was covered by work comp??? please let me know i dotn want to argue if i am wrong but i think fmla starts from the time you are notified of benefits and is not retroactive


    




corgi1922
If it is workers comp then you are protected under that and not FMLA. You first need to get clarification if which is was being covered under.

If it was FMLA paperwork should have been sent to your home and you should have provided information from your doctor. It is somewhat retroactive if you are in the process of signing up. Also, you do not have to request FMLA. If you are out for a medical condition your employer can say we are calling this FMLA but you have to provide x,y, and z by a certain date.

Did your insurance company pay for the surgery? If so it wasn't workers comp. Call HR and ask for clarification as to what the leave was considered. There are different rules for each of the situations.





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