Ty Wilson Law Podcast
Ty Wilson Law Podcast
#202 Georgia Workers' Compensation Lawyer - Is My Employer Required to Hold My Job?

Is the employer required to hold my job if I'm injured on the job? Hello. My name is Ty Wilson. I'm a Georgia Workers compensation attorney. And our question for today is, “Is my employer required to hold my job if I'm entered? And the short answer is No. There are some programs that can come into place that can help protect you, but it's not every employer that has to fall under them. 

And so what I'm talking about is, there is something called the Family Medical Leave Act (FMLA ). And what is that? Well, that's a federal program but doesn't qualify that all employers are under FMLA. And so I believe the current threshold is there must be 50 or more employees for the employer to fall under the FMLA requirements. So there's less than 50 employees. The employer does not have to give you FMLA time. And something that's important with the FMLA is it's not a guarantee of any benefits other than protecting your job for up to twelve weeks. 

And if you've used part of your FMLA, this is twelve weeks over the course of the year. And so that's some things that you need to know about and be prepared for. If you're injured and you're going to need to be out of work for an extended period of time, FMLA  may be something you want to think about in order to keep your job available. But after those twelve weeks, if you fall under the FMLA umbrella, they do not have to keep your job open and can terminate it. 

If you do not fall under the FMLA or Family Medical Leave Act umbrella, they do not have to keep your job. They can terminate you. They choose to terminate you, though, and you're on light duty or you're out of work completely. The Workers Compensation Insurance company should be issuing you something called income benefits. We'll do another video on covering income benefits and how much and how often and so forth. But the long and short of it is if you are taken out of work completely or you're on light duty and your employer cannot accommodate your life duty restrictions and your employer terminates you. Well, they should be issuing you income benefits, If however, you are full duty, the employer is not required to pay you any income benefits, or the insurance company is not required to pay you any insurance income benefits, and the employer is not required to keep you employed. You could have what is called a medical only where you're only receiving medical care. And if you're full duty, that employer can terminate you and it will continue to be a medical only claim. And so we hope that this information has been helpful. And we'll see you on the next video.