In most circumstances, yes. Your employer may lay you off, terminate your employment, or place you on FMLA while you are off on workers’ compensation. Texas is an at-will state, therefore an employer may release you from their employment at will—basically for any reason, in most cases.
FMLA Leave – If you receive a letter indicating that your employer is placing you on FMLA (Family Medical Leave Act) leave, your employer is guaranteeing that you will get your job back, but only if you are able to return to full work duty by the date indicated on the letter (usually a 12-week period). If you are unable to return to work by that date, your position will be terminated.
Lay Off – If you are laid off while you are off work on worker’s comp, you cannot collect unemployment benefits unless and until you are released to work. You cannot collect unemployment and workers’ comp benefits at the same time.
Termination – If you are unable to return to work, your employer may terminate your employment at any time in most cases.
Please note, though, that an employer may not terminate you for filing a workers’ comp claim, as this may be a case for wrongful termination.
Call Bailey & Galyen today at 844-402-2992 for an initial consultation.
