Can you take FMLA if you have a work-related injury?

Can you take FMLA if you have a work-related injury?

Contrary to popular belief, your employer is well within their legal rights to request that you take FMLA leave for a work-related injury, but they must grant you whichever type of leave gives you the most rights and benefits. If you’re out on worker’s comp, however, the time you’re off could count against your 12-weeks of FMLA time.

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.

Do you get additional time off after FMLA?

Although employers don’t have to continue other types of benefits (like life insurance), they must reinstate those benefits immediately when the employee’s leave is over, with no waiting period or extra hurdles for the employee. Even after your FMLA leave is up, other laws might give you the right to additional time off.

When to file a workers comp or FMLA claim?

If your inability to work stems from work conditions or a work-related accident, you should file a workers’ compensation claim. If your job-related illness or injury turns into a serious health condition, FMLA and workers comp can overlap.

Contrary to popular belief, your employer is well within their legal rights to request that you take FMLA leave for a work-related injury, but they must grant you whichever type of leave gives you the most rights and benefits. If you’re out on worker’s comp, however, the time you’re off could count against your 12-weeks of FMLA time.

Can a employer require you to take time off under FMLA?

Therefore, employers cannot require a worker to take time off under FMLA instead of workers’ compensation if the person’s injury makes them eligible for the benefits of workers’ compensation. What are Your FMLA Rights With Respect to Workers’ Comp?

Can a medical condition be a cause of FMLA?

The cause of the medical condition is not relevant under the FMLA. It may be related to a work injury or occupational disease, or not. FMLA leave is unpaid. Its sole benefit is that it prevents your employer from firing you while you are on FMLA leave.

If your inability to work stems from work conditions or a work-related accident, you should file a workers’ compensation claim. If your job-related illness or injury turns into a serious health condition, FMLA and workers comp can overlap.

When do medical conditions qualify for FMLA leave?

Incapacity for More Than 3 Days. with continuing treatment is covered by FMLA as a serious health condition. If someone misses work for an illness or injury for more than three days (even if not consecutively), they are eligible for FMLA leave.

How many weeks of unpaid leave can you get under the FMLA?

The Federal Medical Leave Act (FMLA) allows qualifying employees of up 12 weeks of unpaid leave per year. It is a protected leave that protects your job during absence from work. It also helps maintain employee benefits during your leave.

How many weeks of unpaid leave do you have under FMLA?

The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpaid leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave.

How does FMLA affect health insurance for employees?

Employers are also required to continue group health insurance coverage for an employee on FMLA leave under the same terms and conditions as if the employee had not taken leave. See Fact Sheet 28A : Employee Protections under the Family and Medical Leave Act .

Can a company Count FMLA leave as no fault?

An employee’s use of FMLA leave cannot be counted against the employee under a “no-fault” attendance policy. Employers are also required to continue group health insurance coverage for an employee on FMLA leave under the same terms and conditions as if the employee had not taken leave.

Can a person with a disability take FMLA leave?

Leave for a Serious Health Condition. Eligible employees may take FMLA leave for their serious health condition (or to care for a family member with a serious health condition). Most disabilities qualify as serious health conditions, but not all do.

What to do when your employee is on FMLA?

According to the FMLA regulations, “if the employer has a uniformly-applied policy governing outside or supplemental employment, such a policy may continue to apply to an employee while on FMLA leave.” Remember to treat employees on FMLA leave the same as you would employees on other forms of paid or unpaid leave.

What should employers do when workers exhaust FMLA leave?

Employers should use forms that are compliant with the California Family Rights Act, rather than the FMLA, so they don’t ask unauthorized questions under state law. Communicating with the employee about his or her leave status is important, Devitt said. Significantly, the employer must notify the employee when FMLA ends.

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.

How do I request FMLA leave from my employer?

The Employee’s Guide to the Family and Medical Leave Act 7 How Do I Request FMLA Leave? To take FMLA leave, you must provide your employer with appropriate notice. If you know in advance that you will need FMLA leave (for example, if you are planning to have surgery or you are pregnant), you must give your employer at least 30 days advance