Question:

I would like to know if an employer can make you use FMLA if you are unable to work due to an injury received on the job?
Thanks
Maryann

Suggestion:

Maryann,

If the employee is eligible for FMLA it should be used in conjunction with any time off taken for a work injury, instead of being unpaid the workers compensation insurance should kick in and pay the employee while they are unable to work.  If the 12 weeks runs out and the employee is unable to return to work, the employer is not obligated by FMLA to maintain an open job for the employee.
If the employee is not eligible for FMLA then the employer is not legally obligated by FMLA to bring the employee back, though the employer’s workers compensation provider would encourage the employer to bring them back as soon as the employee is able to work, because the insurance will need to continue to pay the employee through Workers Comp till the employee is employed.