Workers' Compensation Discussion Forums

Actually this is for a friend of mine who just got injured a few weeks ago. He is also in Florida.

He was told that he needs surgery on his shoulder. His doctor said he could be out 3 months. His employer told him if he was out three months they would have to let him go. FMLA protects your job for up to 12 weeks right? I told him he needed to fill out these papers with his surgeon before he has surgery. So the doctor needs to write the fmla papers from day of surgery till up to the 12 weeks. Is that correct fmla protects you for 12 weeks?

Also he is a delivery driver and he gets paid hourly plus depending on how much he delivers.(gets money for each case delivered.) He is not making 80% of his aww because he is on light duty. Does W/C have to pay him the difference?

Not sure about WC in FL BUT yes you are right about FMLA. Iused it twice. Once for Gallbladder surgery and the second time for my WC claim.

It depends if the employer and employee qualify under FMLA

"your job is protected for 12 weeks by FMLA if your employer is a covered employer and you meet the eligibility requirements" Not everyone is protected.

FMLA applies to:
* all public agencies, including State, local and Federal employers, and local education agencies (schools); and,
* all private sector employers who employ 50 or more employees for at least 20 workweeks in the current or preceding calendar year - including joint employers and successors of covered employers.

To be eligible for FMLA leave, an employee must work for a covered employer and:
* have worked for that employer for at least 12 months; and
* have worked at least 1,250 hours during the 12 months prior to the start of the FMLA leave; and,
* work at a location where at least 50 employees are employed at the location or within 75 miles of the location.

Well his employer employs more then 50 employees and he has been there for 6 years and he works from 3am to 6pm but not now that he is on light duty.

What about his wadges? How does that work?