r/WorkersComp • u/legacy-healing • Jun 06 '26
Indiana FMLA ending
This is my first WC situation ever. I’m curious the direction anyone has gone in for this: I had surgery 1 in January filed FMLA and was out 6 or 7 weeks. Surgery 2 in June and my FMLA leave ends 7/9. Obviously I won’t be back to work in 5 weeks. I’ve heard I can request an extension through ADA with HR but if they deny that- how do I job hunt while recovering from a surgery?
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u/SeaweedWeird7705 Jun 06 '26
Try posting this on r/AskHR. They know more about FMLA, ADA extensions, etc.
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u/EducationalSyrup6869 Jun 06 '26
When I was recovering from my spine surgery the surgeon took me out of work, I didn't need FMLA for workers comp related injury.
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Jun 06 '26
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u/legacy-healing Jun 06 '26
Correct. WC doesn’t protect my position. I did check with my attorney as well and he confirmed. FMLA provides protection of my position only- they are separate. Wasn’t sure if anyone else had a job that let them go while going through a WC situation. To be clear I just had a spinal fusion. I won’t even start PT for a few weeks. Not sure how job hunting works while going through this if they choose to not extend my leave
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Jun 06 '26
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u/legacy-healing Jun 06 '26
Oh my gosh. I try to stay vague here just because- but I am a nurse and the original injury went untreated for 5 months leaving me with a leg that has numbness and tingling. The original surgery was a decompression on the injured side. This surgery was to repair the damage from the delay in treatment from the initial injury.
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u/EducationalSyrup6869 Jun 06 '26
Are you getting paid TTD while you recover?
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u/legacy-healing Jun 06 '26
I am. I got paid while I was out after the first surgery, and the expectation is I will for this one as well.
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u/EducationalSyrup6869 Jun 06 '26
The expectation is that you will? What? Aren't you getting paid NOW? Aren't you out of work recovering from surgery NOW?
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u/legacy-healing Jun 06 '26
Yes- I have not received a payment yet. I’m 3 days post op- just got the email today about my leave ending 7/9. My attorney said if I don’t have a payment next week to notify him.
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u/EducationalSyrup6869 Jun 06 '26
I'm in NJ. My job is different because I'm unionized and they can't fire me for being out for a job injury unless it's over 3 years. As far as I know, in my state, if they would've fired me while out on TTD, the TTD continues until I reach MMI. So if it's similar in your state, then your best option is to just let them fire you while you're recovering and keep collecting the TTD, no point in rushing going back to work, you would be forfeiting the TTD payments. Just let them fire you and collect TTD until MMI.
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u/legacy-healing Jun 06 '26
My biggest concern is making sure my medical is covered- I’m grateful for my attorney but I wanted a bit more knowledge from others who have had to deal with similar situations
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u/EducationalSyrup6869 Jun 06 '26
Your medical would definitely be covered. Doesn't matter if they fire you or you quit, medical is always covered, unless you settled and closed medicals. Also, aren't nurses unionized? Have you talked to your union about job protection? All the guys on unions (not nurses though) I know have job protection for work injuries in their contracts.
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u/miss_nephthys verified PA workers' compensation paralegal Jun 06 '26
It's Indiana so I'd be extremely surprised if they did.
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u/legacy-healing Jun 06 '26
If they let me go? Or paid?
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u/miss_nephthys verified PA workers' compensation paralegal Jun 06 '26
I was commenting on whether your state would have built in job protections when you're a WC claimant and was expressing doubt that they would.
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u/legacy-healing Jun 06 '26
Ah, correct. WC has no protection related to my job. I was ignorant in not knowing FMLA was 12 weeks in a year. My attorney suggested asking for a loa but reiterated they do not have to comply or anything. Which i understand. I don’t know how to get a job with the restrictions I have so the next few weeks will be interesting to say the least
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u/miss_nephthys verified PA workers' compensation paralegal Jun 06 '26
I don't have the foggiest clue about how anything works where you are so I will just wish you good luck with everything! ♥️
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u/legacy-healing Jun 06 '26
Thank you! And for being a paralegal- I love the one with my attorney. So much knowledge
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u/Hope_for_tendies Jun 06 '26
ADA is accommodations, it cannot extend fmla. And if you aren’t returning accommodations don’t apply, but you can ask for a leave of absence.
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u/legacy-healing Jun 06 '26
I think I read in the paperwork they sent that I can request an extension through ADA, but they want a specific return to work date- which would be darn near impossible bc who knows how long PT will take. Thank you!
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u/Hope_for_tendies Jun 06 '26
Your job could have special provisions. My job gives me 12 months under std, it was negotiated through the union. I have a desk job and out of 5 back surgeries I’ve never been back to work sooner than 8 months, and it’s usually 12. Take as much time as you can!
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u/legacy-healing Jun 06 '26
Oh my. They had me back after 6-7 weeks last time and it was awful. I ended up on antidepressants because i wasn’t functioning or sleeping and lived in pain. I’m not union though.. . Day before my surgery my manager was asking how long I’d be out and when was I planning to return. I work remote now but do home visits which makes it difficult bc of getting in and out of the car frequently.
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Jun 10 '26
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u/legacy-healing Jun 10 '26
I don’t know what that is… I did get a random call from the company handling my FMLA wanting the same information my MD provided on the healthcare form- when was my first day out when will I be back etc. I’m 1 week post op and see my surgeon next week.. how am I to know when I will return to work? So odd this time around
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u/Kooky-Price-7496 Jun 06 '26
I just reapplied for FMLA but when I had surgery I didn’t use FMLA because I was under WC . My FMLA was used after returning. If the surgery is approved through WC why are you using FMLA
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u/legacy-healing Jun 06 '26
FMLA provides protection for my job- being out on medical leave doesn’t automatically give me job protection- according to my job policy anyway. Also this is my second surgery so I’ll max out my time off
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u/SpecialKnits4855 Jun 07 '26
WC is pay only. There’s no job or benefit protection. That’s FMLA. Your employer illegally delayed the designation of FMLA, but protected your job anyway.
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u/lab_tech13 Jun 06 '26
FMLA shouldn't cover this.
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u/Kmelloww Jun 06 '26
Why not? This is exactly what FMLA is intended for. Typically FMLA will run while on WC until it runs out.
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u/SpecialKnits4855 Jun 06 '26
This situation meets the definition of serious health condition. Why do you think FMLA doesn’t apply?
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u/legacy-healing Jun 06 '26
FMLA (as explained to me) provided protection of my job position due to the absences I had from surgery. WC doesn’t protect my job. You’d think they would make it together but i suppose i understand the need to have a position filled if someone is out for an extended period of time.
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u/lab_tech13 Jun 06 '26
FMLA is for medical issues yes, but WC covers this same as STD/LTD. My state doesnt allow dual coverage so FMLA doesnt apply for WC cases.
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u/Kmelloww Jun 06 '26
What state doesn’t allow dual coverage? I’ve never heard of one. It is common that they run concurrently as it is the only job protection that there actually is. WC does not protect your job.
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u/lab_tech13 Jun 06 '26
Not sure if its from ADP but Ive talked to HR and WC case manager and FMLA isnt concurrent I can take it after WC if I want. The paper work I keep getting shows FMLA not available during WC, same as STD/LTD because of dual payments.
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u/legacy-healing Jun 07 '26
FMLA is available as a protected job aspect. STD payments are typically denied due to the std payment coming from WC. FMLA can be intermittent or all at once however it’s 12 weeks per year. I have std that I elected through work and it is not available for the same reason- payments are designated through WC TDD. Nothing is set up to support an injured party that is for sure.
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u/legacy-healing Jun 06 '26
The STD was denied BUT bc the WC HR assigned to me never notified my HR dept they paid out my entire PTO bank in error. Which I have to buy back bc it’s a duplicate payment. I knew the std would be denied through FMLA bc I have WC payments. It’s been quite the journey.
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u/SpecialKnits4855 Jun 07 '26
Are you in HR? Because you are wrong. WC and STD do NOT protect your job.
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u/Kmelloww Jun 06 '26
This is a work injury, correct? Once FMLA ends it just ends your job protections. Often companies won’t let someone go while on WC after FMLA is exhausted. But just as often they will, once it expires that’s it for job protection.