Worker Compensation

This leave entitles employees to a 12 week unpaid leave within a 12 month period. It is 26 weeks for service men and women and their families. There are several components of this law that pertain to the number of employees, location of employees and the amount of time an employee has at their place of employment. Some employers may require you to use any accrued sick time, personal days or vacation time before the unpaid period

The Family and Medical Leave Act sets regulations for job-protected leave related to family and medical reasons. FMLA applies to organizations with 50 or more employees working within 75 miles of the employee’s worksite (“Employment Laws,” n.d., para. 6). Employees who have been with their current employer for 12 months and who have worked 1250 hours of service in the previous 12 months are eligible for 12 weeks of unpaid leave through FMLA (“Eligibility Requirements,” Revised 2013). FMLA covers the following leave reasons:

| The manager approved the leave and did not grant any pay for the duration of the employee’s leave.

If you live and work in the state of Connecticut, you probably know that you are entitled to file for workers’ compensation if you become ill or injured while on the job and are no longer able to work. The workers’ compensation system in Connecticut provides wage replacement benefits and medical treatment to workers to ensure that they and their families are supported even if their job resulted in their injury or illness. However, what you may not know is that the time you have to file a claim is not unlimited - and that in

The medical bills associated with your injury are covered by workers' compensation, though some may require pre-approval. For instance, pre-certification is required for pain management and chiropractic services. The medical records must indicate a clear connection between the injury and the medical services. Additionally, you will receive mileage reimbursements for medical visits.

The Family and Medical Leave Act of 1993 (FMLA) provides certain employees with up to 12 weeks of unpaid leave and job protection for childbirth, adoption or foster care; to care for a seriously ill child, spouse, or parent; or for an employee’s own serious illness (Cañas & Sondak, 2011). It also requires that their group health benefits remain intact during the unpaid leave of absence. The employee must have worked for the employer for at least a year and must have earned 1,250 hours of service during the previous 12 months ((Cañas & Sondak, 2011, pg. 70).

In all instances of the FMLA, your job is protected, there are no federal guidelines to dictate your employer is responsible for covering lost wages during this period of leave. Your employer is only responsible for retuning you to your previous or similar position at the same rate of pay that you were receiving when you started your leave.

The “eligible” employees are allowed to have up to twelve weeks of leave, but it is unpaid. However, if the employee has sick time, or vacation leave they have not used then that pay could be applied to their FMLA time off. So, if employee A has stored paid sick, or vacation time, then the manager is required to pay him for the time that he has been gone. If employee A did not have any paid leave to take, then it is considered normal FMLA leave an the manager is not required to pay the employee for any time while gone. So, looking at the situation there has not been a violation of the FMLA.

These situations are covered by the leading case in this area, Jefferson v Bronx Psychiatric Center (55 NY 2d 69). In Jefferson it is held that the employer must restore the claimant’s leave credits if they are used when wages are paid advanced.

they are on leave due to not working during the time period. They will also not lose their

The FMLA entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. http://www.dol.gov/whd/fmla/

The Family and Medical Leave Act of 1993 (FMLA) was established to help protect employees who missed work for medical reasons. "The Family and Medical Leave Act (FMLA) provides employees job protection in case of family or medical emergency. FMLA permits eligible employees to take up to 12 workweeks of unpaid leave during any 12-month period." (Martocchio, 2003) The Wage and Hour Division (WHD) is responsible for administrating and enforcing most of the labor laws, including FMLA.

You were paid on 9/17 based on your email below. However, one of your non-productive requested time became disallowed because you have already reached your assigned hours. This mean that you can’t exceed your assigned time of 36 hrs if you included the requested non-productive time of Holiday, Sick and Vacation.

-Employees who have the following reason should get up to 12 weeks of unpaid leave: own serious illness, birth and adoption, and take care of a seriously ill child, spouse, and parent. (We guarantee your position with no loss of benefits at the end of the leave)

Some employers pay for all or a portion of the expense of a program, but this is not always the case. In fact, the worker may lose wages if the program prevents him or her from working.