Florida is an At-Will Employment State
As an at-will employment state, Florida employers can choose to terminate an employee for virtually any reason or no reason at all with few exceptions (i.e., due to workers’ compensation, discrimination, etc.). But just because an employer cannot terminate a worker for being on workers’ compensation, that does not mean a worker can expect to have a position upon their return.
The general rule is that an employer does not have to hold a job for an employee who is out on workers’ compensation. The employer can choose, but they are not obligated to. There are some exceptions to this rule, however.
Americans with Disabilities Act (ADA)
While employers are not required to hold a job for an employee who is out on workers’ compensation, they may be required to make reasonable accommodations for the injured worker according to the Americans with Disabilities Act (ADA). These can include:
- Changes to the work environment
- Increased amount of days off
- Modified equipment/tools
An employee who is out on workers’ compensation may be considered to have a disability under the ADA (as long as the injury meets the ADA’s criteria for disability).
Exception for Employers Subject to FMLA
Employers who are subject to the Federal Family and Medical Leave Act (FMLA) must also provide certain aspects of job protection for an employee who is out on workers’ compensation under particular conditions. The FMLA provides protections for employees who need to take leave for their own serious health condition or the care of a family member with a serious health condition. An employee with a work-related injury that later becomes a serious health condition may see that their workers’ compensation benefits and FMLA overlap. Workers eligible for FMLA leave can take extended unpaid leave for up to 12 weeks.
Rosenberg & Rosenberg, P.A. is Helping Injured Workers in Hollywood, FL
If you have been injured at work, the attorneys at Rosenberg & Rosenberg, P.A. are here to help. We understand that being on workers’ compensation can be a complicated process, and we want to ensure that your rights as an employee are protected. Contact us today for a free consultation to learn more about how we can help!
If you have suffered a workplace injury, call us today at +1 (954) 963-0444 to schedule a free initial consultation.
