How Does The FMLA Interact With Workers’ Compensation?

Through the Family and Medical Leave Act (FMLA), you are given the ideal chance to balance your job and family responsibilities. The FMLA entitles you to up to 12 weeks of unpaid leave in a year.

The main criteria for granting unpaid leave are:

  • You have a serious health condition
  • To care for your immediate family member who has a serious health condition.

The FMLA describes serious health conditions on a wider base than disability. It also includes:

  • Injuries
  • Pregnancies
  • Physical or mental medical conditions
  • Impairments

FMLA Rules

For these conditions to be covered by the Family and Medical Law Act, they have to be significantly severe and show evidence that they require multiple treatments combined with intermittent absences. General medical checkups and cosmetic surgeries are not catered for by this Act. The 12-week leave is unpaid. However, many employers find it beneficial to you, the worker, to take the FMLA leave concurrently with your normal paid leave.

During FMLA leave, you must continue your employee health insurance benefits. Additionally, you are entitled to be reinstated to your former or equivalent position upon the completion of your leave. In some cases, your employer may reinstate you in a demoted position and you have a right to dispute that decision.

If you are facing such a scenario, contact a workers’ compensation lawyer at the Law Offices of Marc. J Shuman & Associates, LTD.

Covered Individuals

If you have worked in the same place for at least 12 months, you are eligible to take the FMLA leave. To qualify you must also have worked for more than 1,250 hours over the 12 months. If you are denied, seek legal assistance from a workers’ compensation lawyer to fight for your rights.

In some instances, you are eligible for the FMLA leave. Thus, if you get an on-the-job injury that is a “serious health condition,” you should consider your workers’ compensation leave as an FMLA leave too.

The Family and Medical Law Act statute does not differentiate between non-work and work-related injuries. Therefore, a serious on-the-job injury that needs you to take leave for inpatient care will be covered by FMLA.

You cannot retroactively designate the time you spend on workers’ compensation leave against your FMLA entitlement. If that scenario happens, a workers’ compensation lawyer is an ideal choice for legal assistance.

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