Can I decline FMLA?
“Neither the employer nor the employee can decline FMLA leave if the leave is needed for an FMLA-qualifying reason,” explained Melanie Pate, an attorney with Lewis Roca Rothgerber Christie in Phoenix. The DOL clarified that the paid leave must run concurrently with the FMLA leave.
Can a employer force an employee to use FMLA?
Some employers force their employees to use FMLA to take time off work if they are hurt on the job. This is legal. Under the FMLA an employer can count an employee’s time out of work while on workers’ comp as FMLA leave so long as the employee is out for a reason that meets the FMLA requirements discussed above.
What’s the difference between FMLA and workers comp?
The Family Medical Leave Act (FMLA) is designed for employees who need to take time off due to medical reasons. While workers’ compensation is for employees who got injured on the job. That said, there is no law that says you can’t avail of FMLA if you are on workers’ compensation.
Is there an exception to the FMLA rule?
There have been exceptions to this rule, however. Employers should follow the general rule of notifying employees that their FMLA leave will be used during a leave also covered by worker’s compensation. Worker’s compensation, depending on the state where you live, may provide additional compensation that subsidizes an otherwise unpaid FMLA leave.
When do you have to return to work after FMLA?
When your FMLA leave is over, your employer must immediately reinstate you to your former position or an equivalent position. Some employers delay reinstatement, but this is a mistake: Employees must be returned to their jobs on the day of their return, as long as they gave their employer at least two business days’ notice.
Some employers force their employees to use FMLA to take time off work if they are hurt on the job. This is legal. Under the FMLA an employer can count an employee’s time out of work while on workers’ comp as FMLA leave so long as the employee is out for a reason that meets the FMLA requirements discussed above.
Do you have to pay FMLA for on-the-job injuries?
The FMLA requires that employers continue health coverage for employees on FMLA leave, although for an on-the-job injury, the workers’ compensation coverage would pay for medical and indemnity benefits.
What happens to health insurance during FMLA leave?
During FMLA leave, employers must continue employee health insurance benefits and, upon completion of the leave, restore employees to the same or equivalent positions. Covered employers: The FMLA applies to private employers with 50 or more employees working within 75 miles of the employee’s worksite.
What’s the difference between FMLA and Workmen’s Compensation?
Workmen’s compensation is for injuries or illnesses sustained as a direct result of a person’s job, while family and medical leave can cover a worker’s illness or injury as well as those of close relatives. Employers can require that an employee use FMLA leave while on workmen’s compensation