There is no express right under the Workers’ Compensation Act that entitles employees who get workers’ compensation benefits to a leave of absence.
If it is determined that an employee sustained a workplace injury, they will probably be eligible to receive workers’ compensation benefits. An employee who files a claim for workers’ compensation benefits may not be retaliated against for filing the claim, regardless of whether they collect any benefits. However, any leave entitlement following a workplace injury must be authorized pursuant to another statute or the employer’s policies. This video reviews how to avoid a retaliation claim, and discusses an employer’s light duty obligations.
Mark E. Tabakman, Esq.
Fox Rothschild LLP
- Labor and employment partner in the Princeton office of Fox Rothschild LLP
- Represents clients before National Labor Relations Board, responds to union organizing drives, defended numerous arbitrations, discipline/contract interpretation
- Handles/responds to strikes, picketing situations
- Practice emphasizes all aspects of wage and hour law, including the representation of more than 200 clients before the United States and many state Departments of Labor on misclassification, white collar exemptions, independent contractor, working time, construction industry, Davis Bacon, prevailing wage cases and other issues
- Frequent guest speaker on wage hour and employment law issues and has appeared on local and national television programs commenting on these matters; wrote a weekly column on labor and employment issues titled "Making the Law Work"
- Advises clients on FMLA/ADA issues, defends/litigates FMLA and ADA cases in federal and state court
- Included in the list of New Jersey Super Lawyers in the field of labor and employment, 2013-2016; and in Super Lawyers business edition in the area of employment and labor law, 2013
- J.D. degree, Rutgers University School of Law; B.S. degree, Cornell University
- Can be contacted at 973-994-7554, [email protected] or Twitter® @njwagelaw
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