The Basic Principles of the FMLA the Court Reviewed

· The FMLA guarantees qualifying employees 12 weeks of unpaid medical leave each year.

· An employee may receive compensation while on FMLA leave either through the use of sick or vacation leave or through the worker's compensation program.

· An employer may require an employee to use sick or vacation leave concurrently with his or her FMLA leave, but may not do so if the employee is receiving pay through worker's compensation.

· A worker's compensation absence and FMLA leave may run concurrently.

· Under some worker's compensation programs an employee may be allowed or encouraged to return to "light duty work;" however, he or she is free to accept the light duty work or continue on unpaid FMLA leave.

· If an employee elects to continue on unpaid FMLA leave, she may no longer be entitled to collect payment under the worker's compensation program.

· After an employee has completed his or her FMLA leave, the FMLA requires an employer restore an employee to the position held at the time FMLA leave began or "an equivalent position with the equivalent employment benefits, pay, and other terms and conditions of employment."

· If an employee is unable to perform an essential function of the position because of a physical or mental condition, including the continuation of a serious health condition, the employee has no right to restoration to another position under the FMLA.

This publication is intended for general information purposes only and does not and is not intended to constitute legal advice.  The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.