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Mottaz Law Office | FMLA | Will my employer hold my job when I am on work comp?

Following a work injury you may have may questions such as “will my employer hold my job while I am on work comp”? Often times it is in your employer’s best interest to keep your job  available. However, in some cases an employer may not be willing to hold your job. It is important to know what your options are and what you should be doing in order to protect your rights.

Contact the Law Office of Thomas Mottaz TODAY for a FREE consultation. We can help and we are dedicated. Best Lawyers in America and US News & World Report recognized our office as one of the best law firms in Minnesota. Our attorneys have been repeatedly singled out for recognition by Super Lawyers and US News and World Report. 

In Minnesota most employees are  “at will.” That means, in the absence of an employment contract, an employer can discharge an employee at any time for any legal reason, with or without notice. However there are certain protections that an injured employee has, including your employer  cannot refuse to offer continued employment to you when employment is available within your physical limitations. If an employer fails to offer you employment without good cause  they may be responsible to pay you one year’s worth of wages in addition to work comp benefits.

Additionally, the Federal Family and Medical Leave Act (the “FMLA”) provides eligible employees with the right to take unpaid leave in connection with a work related injury. The FMLA applies to any employer employing 50 or more employees within 75 miles of a work site for 20 or more weeks in the current or prior calendar year.

To be eligible for FMLA leave, you must have been employed by the employer for at least 12 months (the months need not be consecutive) and must have worked at least 1,250 hours in the 12-month period preceding the leave. If you are eligible you may take up to 12 weeks of unpaid leave during any 12-month period in conjunction with the work related injury.

During the FMLA  leave an employer is required to continue your group health coverage during the period of FMLA leave as if  you had continued to work, although you must continue to pay your share of the group health plan premiums in order to retain coverage during the leave.

At the end of the leave, you must be restored to your prior position or to a position with equivalent benefits.

Do you have questions as regarding your employment status while on workers compensation? 

Since 1989, the Law Office of Thomas Mottaz and the lawyers have been protecting injured people on the job.  Our experienced knowledgeable staff can answer all of your legal questions and provide you assistance when the employer and insurer are only looking out for their interests. Call us now at 855-354-2667 or contact us here.  It is a free call with free advice.

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(855) 354-2667
3340 Northdale Blvd. NW, #140
Coon Rapids, MN 55448
Phone: (763) 421-8226
Fax: (763) 421-8362



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    “I was injured on Dec 17th 1980 on the job 12500 volts and David Kempston took on the job for me along with the Mottaz team’ I feel they put 100% into the case with out cutting any corners And I believe they are one of the best Attorney groups out there It was an experience and a great ending All though the pain will never go away they got the best settlement they could for me and so I thank the team at the office of the Mottaz Attorney’s THEY ARE THE BEST Thank You David Kempston for a job well done.”

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    “Mr. Sisk took our case a few years ago not long after my wife was in a serious accident. Her employer’s insurance took insolvency and the employer was resolved to be no help at all. Despite the extremely out of the ordinary nature of our case, and regardless of impediments and hurdles, he has relentlessly fought for what was right on our behalf and been very successful doing so. Still today he continues to stand for us and what rightfully should be done. I simply can’t thank him enough. In troubled times this is the guy you want in your corner.”

    [/shvc_testimonial][shvc_testimonial fontcolor=”#828282″ bgcolor=”#f6f6f6″ bordercolor=”#c8c8c8″ name=”Michael Z.” title=”Client”]

    “Jerry was very responsive to all my questions, concerns and showed compassion in this very difficult time of my life. He took time by email, phone and in person to help me understand the process, the time frame, and all the possibilities. Persevering in the duration of all the doctor visits, working with my employer, and my work related injury was not easy. Jerry handled all of it from our initial meeting to the final resolution with confidence, encouragement, and high integrity. I would strongly recommend Jerry to my family, my friends, and all of my acquaintances. I would without a doubt trust Jerry in the future, if a situation would occur that needed legal representation. I appreciate all he did in helping me get my life back on track and making a positive difference in my life.”

    [/shvc_testimonial][shvc_testimonial fontcolor=”#828282″ bgcolor=”#f6f6f6″ bordercolor=”#c8c8c8″ name=”Robert H.” title=”Client”]

    “Since injuring my back in 1978 I had multiple issues and problems with the employer and insurer. This led to many disputes over the years. Having been told to live with pain for the rest of my life, I reached a point when I could no longer continue working. At that time I hired David Kempston and he took on my case and worked out for me a settlement that I was very comfortable with. He was always attentive to my calls and responded quickly when I would whine about things which he would assure me it would all come together. He was right and I am so grateful for his hard work. He goes the extra mile for me as a client, and is the type of person you could leave your wallet and checkbook with and no it is safe. Again, I am extremely grateful for David Kempston’s work and highly recommend him to someone who has a work injury and needs the finest representation. If you want to hire somebody with excellent work ethics hire David Kempston.”