The Family Medical Leave Act (FMLA) allows eligible employees to take protected leave from work for qualifying reasons. Employees are eligible to take as much as 12 weeks of unpaid leave during a 12-month period. The employee's job is protected during the leave period, and at that employee's end of leave then he or she returns to his or her original job or a job that is equivalent to the job that he or she was working when leave was taken. While FMLA leave and workers' compensation leave can run consecutively, the employer must notify the worker that he or she is taking FMLA leave. Can I Be Forced To Take FMLA For A Work-Related Injury? Technically, it is legal for employers to require injured workers to take FMLA time off work they are injured and unable to work. According to laws overseeing state and federal FMLA, an employer can legally count an employee's time off to recover because of a work incident while receiving workers' compensation toward FMLA as long as the worker is out of work for reasons that meet the FMLA guidelines. However, the employer must do its job before making such a determination to ensure they are not allowing the injured worker to exhaust benefits they are eligible for per workers' compensation laws. You can be using up your FMLA time while still receiving workers' comp benefits. Overlapping of FMLA and Workers' Compensation Provisions for workers' compensation and FMLA can overlap. The worker could suffer a serious illness or injury that classifies as a "serious health condition" under the FMLA. In such situations, provisions for the laws might run concurrently. This could result in a worker who is actively receiving workers' compensation benefits having their time off counted toward the 12-week entitlement of job protection through FMLA. If you are in a situation where both sets of laws apply, your place of employment must provide leave to you under the law that provides you more benefits and rights. Because of that, the employer cannot require you to take FMLA time instead of workers' compensation if your injury is eligible to receive workers' comp benefits. Consult with A Personal Injury Attorney If you have suffered a work-related injury or illness that is going to cause you to be off work, you should consult with a workers' compensation attorney right away. Your lawyer will determine which benefits you are able to receive and will ensure your rights are properly protected. With the help of a work injury attorney, you can make sure your job is protected as long as possible and that you have access to the medical care you will need. Your attorney will determine the value of your claim and ensure you get the compensation you need and deserve after a work incident has left you sidelined. Workers' compensation claims can be complicated, so make sure you have a lawyer fighting for you. Schedule a free case evaluation today. Additional Resources Why Should I Get a Workers’ Compensation Attorney? Time to File a Workers' Comp Claim?
