FMLA AND AWW QUESTIONS

Actually this is for a friend of mine who just got injured a few weeks ago.

He was told that he needs surgery on his shoulder. His doctor said he could be out 3 months. His employer told him if he was out three months they would have to let him go. FMLA protects your job for up to 12 weeks right? I told him he needed to fill out these papers with his surgeon before he has surgery. So the doctor needs to write the fmla papers from day of surgery till up to the 12 weeks. Is that correct fmla protects you for 12 weeks? He has been there for 6 years and they employ more than 50 employees.

Also he is a delivery driver and he gets paid hourly plus depending on how much he delivers.(gets money for each case delivered.) He is not making 80% of his aww because he is on light duty. Does W/C have to pay him the difference?

Should he get a lawyer? They are good about getting him his doctors appointments and everything but he is worried about losing his job. Any information would be great.

You are likely correct IF they employee MORE than 50 employes WITHIN a 75 mile radius.

Caution some places drivers are paper independent contractors so be sure how to count employees.

I most certainly would file the paperwork for FMLA coverage AND dig deeper as to if my employer is mandatory  covered.

Employer probably hopes he makes a mistake--don't make mistakes!

I simply have no clue as to if W/C needs to pay based on aww and light duty

File the FMLA paperwork.  It does protect the job for 12 weeks. 

Florida workers comp pay 66% when on a no-work status and roughly 64% for light duty.  If his wages fall below 64%, comp has to pay the difference. (It's calculated by normal salary x 80% less actual wages x 80%, so it's roughly 64%).

Getting a lawyer in comp won't protect him from getting fired.  That's between his employer and him.

But it is illegal to fire someone during the 12 weeks of FMLA.  If that occurs seek legal advice.

If the comp doesn't pay lost wages or provide medical on time, call a lawyer.  But for now, FMLA paperwork.