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WC & Other Laws! Part I FMLA and Work Injuries - YouTube
Channel: Kaplan Morrell, Colorado Work Injury Attorneys
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Good afternoon, and today we're going聽
to be talking about what happens聽聽
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if you are on worker's compensation. You're losing聽
work because of your work injury, and now all of a聽聽
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sudden your employer is starting to talk about聽
FMLA. Maybe they're requiring you to take it,聽聽
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maybe they're saying it's about to run out, maybe聽
they're telling you you have to apply for it;聽聽
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what the hell does that mean, okay? And聽
today, we're going to talk about it. So,聽聽
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hi. My name is Britton Morrell. I'm an attorney聽
with Kaplan Morrell, and we've been helping聽聽
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injured and disabled workers since 1995, and 1997聽
as worker's compensation here at Kaplan Morrell.聽聽
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And we would love to help you; we charge what's聽
called a contingency fee basis, and so...聽聽
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like and subscribe to our video! And we're going聽
to be covering what FMLA and worker's compensation聽聽
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means. Stay until the end; I'm going to give you聽
a text message number that you can text us and聽聽
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we'll send you a gift of free information! Okay!聽
So, today we're going to talk about what is FMLA?聽聽
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What does it mean to be off work when you're on聽
worker's compensation, and how do they interplay聽聽
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with each other? And with that, let's dive in.聽
Okay, so if you are injured on the job and you聽聽
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have restrictions, you're unable to do your聽
work, or maybe you can do your job, but you've聽聽
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got restrictions- I'm sorry, you've got medical聽
appointments- that require you to leave work and聽聽
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to be able to attend therapy, to be able to attend聽
doctor's appointments, and you need to leave work.聽聽
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Those are lost time, due to your work environment,聽
due to your work injury, where you need聽聽
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to take time off of work. And the worker's聽
compensation rules in Colorado basically say聽聽
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if you've got restrictions, and that does include聽
medical appointments where you have to be off聽聽
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work, and you're losing wages, you get two-thirds聽
of your lost wages because of that, once you have聽聽
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lost three shifts entirely, okay? And so, it's聽
paid; two-thirds of lost wages are paid, and to聽聽
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a large degree in Colorado, it's unlimited, okay?聽
And that's what worker's compensation is. Now,聽聽
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family medical leave: FMLA, the Family Medical聽
Leave Act, is a different law and that law聽聽
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is a federal law. And some folks are聽
covered and some folks aren't, okay?聽聽
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So, if your employer has 50 or more employees聽
in a certain geographic area, then they are聽聽
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required to follow the Family Medical Leave聽
Act rules. And if you are an employee and have聽聽
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worked there for for 12 months, you聽
are a covered employee, okay? So,聽聽
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to be covered by the Family Medical Leave Act you聽
have to have been an employee for 12 months with聽聽
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an employer that has 50 or more employees during聽
the year. Not everybody is, okay? But if you are,聽聽
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then you may see that you are covered. What does聽
the Family Medical Leave Act do? Number 1: it,聽聽
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for the most part, requires your employer to give聽
you an opportunity to take off time from work聽聽
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for what's called a serious health condition.聽
And basically, if you have to go for medical聽聽
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appointments on an ongoing basis, that's a聽
serious health condition, and they can't fire you聽聽
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or give away your job for 12 weeks. And it can be聽
12 continuous weeks, or 12 weeks in the aggregate,聽聽
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meaning, for example, let's suppose that you have聽
an injury where you have to take off a week, and聽聽
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then you are fine for three weeks, and you have聽
to take off another week again; that's two weeks聽聽
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and that counts towards the 12. So they don't have聽
to necessarily be one right after the other, okay?聽聽
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That's all Family Medical Leave Act is. It doesn't聽
say anything about whether they have to pay you;聽聽
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it in fact says it's unpaid, but maybe you聽
can get paid in other ways. For example,聽聽
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you'd be getting paid from worker's compensation,聽
you might have PTO time, etc. All right, so聽聽
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where we see worker's compensation and Family聽
Medical Leave Act start to interact with each聽聽
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other typically is three ways. Number 1 is: our聽
client's off work because of a work injury with聽聽
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restrictions, and also they start getting a letter聽
saying, "Hey, you need to apply for FMLA. You need聽聽
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to have this filled out, you need to fill this聽
out for FMLA," and they're like, "What the hell聽聽
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is this? What am I doing?" And they take this and聽
part of it needs to be filled out by the doctor,聽聽
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they go to the worker's compensation doctor, that聽
doctor's like, "Oh I'm not going to fill that out聽聽
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because it's not a worker's compensation form,"聽
etc. So can my employer- can YOUR employer require聽聽
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you to request family medical leave? And the聽
short answer is yes, but it doesn't really matter,聽聽
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and let me explain why. FMLA is just an obligation聽
and a limitation on the part of your employer聽聽
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in that they aren't allowed to replace you/聽
give your job permanently to somebody else.聽聽
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They have to hold that job open for you, or聽
at least allow you to come back, provided聽聽
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that you can come back and do that job within 12聽
weeks, okay? So the employer can basically say,聽聽
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"Hey, you need to apply for this," but you've聽
already applied for it, and that you're saying,聽聽
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"I have a work injury. I need medical care. I'm聽
bringing you the reports." That is enough legal聽聽
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notice to the employer that, "Hey, maybe this聽
person's job should be held open or protected聽聽
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while they're needing to take off time from聽
work," but some employers they think, "Well,聽聽
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we've got to get the paperwork filled out," etc.聽
I get it. So, they're going to say you need to聽聽
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apply for it. Great. You just take the paper and聽
you take it to the work comp doctor. If the work聽聽
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conductor doesn't want to fill it out, you need聽
to say, "Well, doc, you know, at least give me a聽聽
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paper where you give me what is my diagnosis, what聽
are my restrictions, what the treatment plan is."聽聽
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That is a standard worker's compensation document聽
that the doctor should be able to give you,聽聽
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okay? And then you just attach that form to the聽
FMLA request and you're like, "This is what the聽聽
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doctor gave me." And that is sufficient by law.聽
That is sufficient to notify the employer that you聽聽
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have a serious health condition for which it's聽
impairing your ability to do your regular job,聽聽
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and that obligates the employer, if they have 50聽
or more employees/ if you have 12 months of work,聽聽
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etc, that obligates the employer to keep open聽
the job. In other words, they can't give your聽聽
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job permanently to somebody else. Okay, now聽
what happens when- because the other item is,聽聽
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what happens when the employer says, "Oh your聽
FMLA has left." Now, your employer can have聽聽
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different rules that exceed FMLA. There are some聽
employers who are like, "Listen; if this is a聽聽
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work injury and you need a year to recuperate,聽
we'll hold open your job." That's great, but聽聽
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that is a voluntary agreement between you and your聽
employer. That's a benefit the employer is willing聽聽
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to offer you. At a minimum, if they are a covered聽
employer under the Family Medical Leave Act, they聽聽
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have to at least give you 12 weeks, okay? But if聽
the employer says, "Hey your FMLA has expired,"聽聽
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we get clients who say, "Oh my god, what聽
now?" And this short and sad answer is, well,聽聽
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you can talk with the employer if聽
you think you can do your regular job聽聽
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with some accommodation. Have that discussion, see聽
if you can. If there are other positions available聽聽
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that you can do, have that discussion, see if聽
you can do them. But if not, if the answer is no,聽聽
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and you can't do your job, the employer at that聽
point can replace you. After all, the employer had聽聽
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the job opening, hired you, because we assume the聽
job had to get done. The job was necessary, okay?聽聽
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So, at that point, the employer could then say,聽
"Listen, we've got to get someone to do this job,聽聽
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and we can't do it on a temporary basis. We聽
need to hire someone on a permanent basis." And聽聽
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if that's the case, then that is the case. And we聽
can talk later in other videos about what you can聽聽
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do if you can't go back to work, but that's what聽
that means. As always, these things are kind of聽聽
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complicated. They are incredibly fact-dependent.聽
They're just tons of facts. And as we kind of聽聽
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always say, listen, these videos are more to聽
give you some ideas about what your rights are,聽聽
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but they do not create an attorney-client聽
relationship. This isn't considered聽聽
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quote-unquote "legal advice" on your claim. If you聽
want to get really great legal advice, you need to聽聽
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contact Kaplan Morrell. We're a group of four聽
attorneys with over... combined close to 70-80聽聽
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years of experience helping injured workers here聽
in Colorado navigate the labyrinth maze that is聽聽
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worker's compensation. We would love to be able聽
to help you. If you text (970)-356-9898 and say,聽聽
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"Hey, saw you on YouTube and wanted your free fact聽
sheet, five ways that injured workers get screwed聽聽
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in their worker's compensation cases." Text us聽
that and we'll send it to you free of charge,聽聽
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no obligation. We would love to be able to聽
help you. If you you or someone you know is聽聽
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injured on the job, please please please, have聽
them call us at (970)-356-9898. They can text聽聽
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us at this number, they can reach out to us by聽
email. We would love to be able to help them.聽聽
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And with that, please, if you enjoyed the video,聽
please like it, please subscribe. And with that,聽聽
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I hope you have the best, and thank you for聽
sharing part of your afternoon with me. Bye.
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