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To Fire or Not to Fire?

This article explores the intersection of FMLA, workers' compensation, and disability discrimination laws in relation to work-related injuries. It covers topics such as eligibility for FMLA leave, rights to reasonable accommodations, light duty assignments, and job reinstatement. The article also discusses the limitations and obligations of employers in handling injured workers' legal rights.

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To Fire or Not to Fire?

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  1. To Fire or Not to Fire?

  2. OSHA limits firings for mandatory post-accident drug test results

  3. The law bans firings based on an injured workers pursuing his legal rights

  4. Work-related injuries pose thorny legal issues

  5. Employers must employ at least 50 employees for FMLA coverage.

  6. FMLA eligible injured workers may take up to 12 weeks of unpaid leave.

  7. A FMLA eligible worker must meet length of service and hours worked requirements.

  8. Only some work-related injuries involve a serious health condition.

  9. The MHRA and ADA prohibit disability discrimination.

  10. Only some injured workers have disabilities.

  11. Injured workers may qualify for FMLA leaves and reasonable accommodations.

  12. The workers’ compensation law requires neither leaves of absences nor job reinstatement.

  13. Injured workers may have a right to FMLA leaves.

  14. Injured workers may have a right to reasonable accommodations.

  15. Light duty assignments raise workers’ compensation, FMLA, and disability discrimination issues.

  16. Employers may lawfully cut the disability pay of injured workers that refuse light duty assignments.

  17. FMLA eligible injured workers may refuse light duty assignments and take FMLA leaves.

  18. Light duty assignments may involve a reasonable accommodation.

  19. An injured worker’s ability or inability to return to work poses distinct workers’ compensation, FMLA, and disability discrimination issues.

  20. Injured workers have no right to continued employment under the workers’ compensation law.

  21. Injured workers have a reinstatement right at the end of a FMLA leave.

  22. Injured workers’ reasonable accommodation rights may include job reinstatement.

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