Workers' Compensation and FMLA

You are permitted to run FMLA leave concurrently with time off covered by worker's compensation if the employee is eligible for FMLA leave and the work-related illness or injury qualifies as a serious health condition. In fact, the FMLA was initially created for this purpose—i.e., to provide protected leave to individuals injured on the job. Employers can choose to use the information received through the worker’s compensation claim to determine if the time off qualifies for FMLA leave or require a separate FMLA certification. Either way, if the requirements are met, employers should designate qualifying time off as FMLA leave and give notice of the leave designation to the employee. This is an excellent idea to avoid an employee taking leave for a work-related injury or illness plus an additional 12 weeks under the FMLA. Take a look to make sure concurrent leave language is included in your written FMLA policy.

For more information, contact Jennifer McDaniel or the Labor, Employment & Immigration Group attorney with whom you most frequently work.

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