What happens if you have FMLA and workers comp?

What happens if you have FMLA and workers comp?

If your job-related illness or injury turns into a serious health condition, FMLA and workers comp can overlap. For instance, if you suffer a work-related illness or injury that also qualifies as a “serious health condition” under the FMLA. In this case, both FMLA and workers’ comp will run concurrently.

When do employees have a case for a FMLA violation?

Short answer: the employee may have a case for a FMLA violation. This is exactly what happened in a recent case. Holtrey v. Collier County Board of County Commissioners

When does an employer need to know about FMLA?

Luckily, the Family and Medical Leave Act of 1993 (FMLA) provides protected leave to eligible employees who suffer from a qualified medical condition. To take FMLA leave, an employee will need to explain to his or her employer the medical issue that requires the leave of absence from work.

When is the comment period for the FMLA?

On October 4, 2019, the 60-day public comment period on proposed revisions to the Wage and Hour Division’s (WHD) optional-use Family and Medical Leave Act (FMLA) forms closed. The Department is reviewing the submitted comments.

Can you get FMLA if you are on workers comp?

That said, there is no law that says you can’t avail of FMLA if you are on workers’ compensation. Yes, FMLA and workers’ compensation can run concurrently with each other. And your employer cannot force you to take an FMLA leave if you qualify for workers’ compensation.

When does FMLA run concurrently with workers’comp?

Does FMLA leave run concurrently with a workers’ compensation absence? The employee’s FMLA leave entitlement may run concurrently with a workers’ compensation absence when the injury is one that meets the criteria for a “serious health condition.”

What happens when an employee is on FMLA?

If the employer designates the workers’ compensation absence as FMLA leave, then the employee is entitled to all employment benefits accrued prior to the date on which the leave commenced.

Is the FMLA the same as workers comp in Virginia?

With FMLA, however, sick and injured workers have some protection. We encourage injured employees to seek all available benefits and compensation, including leave under the FMLA and benefits under Virginia workers’ compensation. This article explains the interaction between the FMLA and workers’ comp in Virginia.