Workers’ comp benefits restrict some FMLA options — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Workers’ comp benefits restrict some FMLA options

by on
in Compensation and Benefits,Employee Benefits Program,FMLA Guidelines,Human Resources

Q. Can the time spent on workers' comp leave be counted against family and medical leave? —D.H., Arizona

A. Yes, as long as you informed the employee at the beginning of the leave that any time spent on that workers' comp leave would also count against his or her 12 weeks of authorized time off under the FMLA.

Note: Employers can usually require that employees on FMLA leave exhaust all accrued leave (i.e., vacation and sick leave) before being placed on unpaid leave. However, if an employee is already getting workers' compensation benefits, you can't make him or her use paid leave.

Leave a Comment