MASS W/C Approved FMLA not approved

[smartieab]

I work for Verizon in MA and torn my calf slipping in the office. I was out for 2 days, and since I filed W/C and was approved by W/C, I did not file FMLA forms. I went in today only to be told FMLA denied my claim, because no forms were filed and I was suspended for 2 weeks. I Never filed FMLA, management put in the time to the system. I am confused I always thought W/C protected employees from suspension/temination from the employers while paying them, and employee waived the right to sue the company. Even more confussing is our contract defines and Illness for FMLA as "Illness shall mean the personal illness of an employee or the disability of an employee due to an accident not arising out of and in the course of employment by the Company." Since this happened in work it wouldn't be an Illness for FMLA. Can anyone give me some clarification on this?

[fencer11]

I think you should contact a lawyer, The first phone call is free. I would think that if WC accepted the claim that FMLA would deny it anyhow. I am also from Mass, If you are from Western Mass, Springfield area, pm me and I will give you my attys phone number if you would like.Otherwise, someone with more knowledge will be along soon.

[1171]

if you have a contract you probably have a union or other representation. For help enforcing and explaining the terms of the contract I would contact your representative or steward.
I don't see how a contract can trump Federal law. FMLA does not exclude work injuries from its job protection provisions and I'm skeptical that either employersor employee have the authority to waive it's application.

[Still in Limbo]

Only out for 2 Days, and they did that to You? I had Torn My Calf before and You are to be Commended for Returning so Soon, that Hurts like He**!! They should have been Happy You were back so soon, My Opinion, I would Contact My Union as 1171 Mentioned, and also Check Your Employee Hand Book, and See if there is any Procedures in there that You should have Followed! My Best to You, and I Hope You get this Resolved!!