Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Under the law, the Family and Medical Leave Act applies and runs at the same time as workers compensation
runs. You are entitled under FMLA
to 12 weeks of protected leave, which could be unpaid. However, if you were out on a workers compensation injury, they MUST pay you temporary
total disability if you cannot work at 66% of your base pay. So, at this point if they are disciplining you for being out of work and taking your time for workers compensation, which is not allowed under workers compensation, you have two complaints. One under FMLA with the US Department of Labor
for punishing you while on protected leave up to 12 weeks and another as a suit for retaliation
under workers compensation.
I suggest you file a complaint with the US Department of labor under FMLA discrimination
and also get a local workers compensation attorney to pursue the retaliation claim.
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