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FAQ
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Does workers' compensation leave count against an employee's Family Medical Leave Act (FMLA) leave entitlement?
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Answer:
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It can. FMLA leave and workers' compensation leave can run together, provided the reason for the absence is due to a qualifying serious illness or injury and the employer properly notifies the employee in writing that the leave will be counted as FMLA leave.
The Federal Family and Medical Leave Act (FMLA), signed into law on February 5, 1993, requires employers to give employees 12 weeks of unpaid leave for births, adoptions, and family illness.
The FMLA contains the following key provisions:
- employers must have 50 or more employees within a 75 mile radius;
- employees must have been employed for 12 months;
- employers are required to maintain health care coverage during the leave;
- on completion of the leave, the employees are entitled to return to the same job or to an equivalent job;
- the employee must give 30 days' notice when the need for the leave is foreseeable;
- employers can exempt the highest paid 10 percent of the work force.
For more information on the Family Medical Leave Act, please refer to the US Department of Labor website at US Department of Labor elaws - FMLA Advisor, or phone 1-866-487-2365.
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