- Workers’ Comp vs. FMLA: The Difference in Job Protection in PA You’re receiving workers’ compensation benefits in Pennsylvania, but you’re also worried about whether your job will still be there when you’re ready to return to work. This is a common point of confusion for injured workers. This video will clarify a critical distinction between workers’ compensation and other laws like the Family and Medical Leave Act (FMLA).
- Workers’ Comp Does NOT Protect Your Job: We’ll state clearly that in Pennsylvania, the workers’ compensation system does not, by itself, guarantee that your job will be held for you while you are out on disability.
- Workers’ Comp vs. FMLA: We’ll explain the key differences:
- Workers’ Compensation: Provides medical benefits and wage loss benefits for a work-related injury. It does not provide job protection.
- FMLA: Provides up to 12 weeks of unpaid, job-protected leave for certain medical and family reasons.
- The Employer’s Right to Terminate: We’ll explain that if you are out on workers’ compensation for a long period, and your employer needs to fill your position, they can legally do so. They cannot fire you because you filed a claim, but they can terminate you if your position is legitimately eliminated or filled while you are unable to work.
- Seeking Legal Advice: We’ll advise viewers to contact a Pennsylvania workers’ compensation lawyer if they are concerned about their job security. An attorney can review your case and determine if you have a separate claim for wrongful termination if you believe your employer has acted illegally.
This video is for any injured worker in Pennsylvania who is confused about their job protection rights.