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FMLA Question
#1
Sad 
I recently injured by back at work and am currently under workers compensation. The company placed me on FMLA, I never requested to be put on FMLA nor do I currently qualify to be placed on FMLA. What I mean is that FMLA has certain criteria that must be met by an employee before qualifying for FMLA. One of the criteria is that an employee must be with a company a minimum of 12 months. I have only been with the company 10 months.

It has been 5 weeks since I was placed on FMLA now I received a letter telling me I have to be back to work on 5/6/2013. I do not foresee going back to work anytime soon. I have done 5 weeks of physical therapy and been medicated to within an inch of my life, but the pain persist, gets worst when doing PT. Treating physician has recommended I see an orthopedic surgeon, am currently waiting to see if the IC will allow me to schedule an appointment.

My question is, can a company automatically place you on FMLA? I know why they did it, so that they can legally terminate my employment but, is this legal?
 
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#2
Generally if the employer portects your job under FMLA they keep your job open for 90 days otherwise you legally have no job protection and can be replaced.
looks like in your case they gave you 5 weeks of job protection even though you are not entitled to FMLA.
a couple states have penalties for termaniting an employee while recovering from a work injury.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
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