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Workers’ comp benefits restrict some FMLA options

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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.

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