[NVworker]

Due to a medical condition unrelated to my WC injury, I am considering stepping down to a different position with my employer. I'm on an intermittent FMLA for the condition but feel bad because when I have to miss work (about 8 hours a week) it puts a strain on my coworkers and dept.

My question is, will this affect my WC case at all? I'm wondering about my pay when I return to work after the surgery, will it be based on 80% of my pre injury average monthly wage (assuming they fill my position) or my new wage (if I step down) which will be about 30% less. I know they are getting frustrated with my missing work, I just don't know if it is better to try and stick it out for 6 more weeks (when I will have my WC surgery) knowing I'm causing a hardship for others or, bite the bullet and step down. Believe me, I realize my employer could really care less about my well being, I on the other hand have a conscience...I know, pretty dumb considering the situation.

I believe I'm protected due to the FMLA I'm on now, so don't think they can reprimand me when I have to miss work or leave early. However, the looks and comments are becoming more frequent. The bottom line is I feel guilty.

Any advice is appreciated. Hope you all are having a good weekend!

[1171]

not your claim but your employment. obviously your FMLA job protection period will be much less if/when you are off work for comp.
your comp payments will be based on your date of injury wages.

[1171]

duplicate

[NVworker]

Thanks for the response 1171. I will end up with approx. 10 weeks of FMLA by the time I have the surgery. Hoping I can get back to work by then. I have decided not to step down at this point. Thanks again.