Can FMLA leave run concurrent with workers’ comp?
Q. May I treat as being on FMLA leave an employee who is absent with an injury covered by workers’ compensation?
A. Within certain guidelines, federal regulations permit an employer to designate as FMLA leave compensable absences due to workplace injuries, where those injuries qualify as a serious health condition. The pertinent regulation is 29 C.F.R. § 825.702(d)(2).
Also note that if an employee is concurrently on FMLA leave and is absent due to a workplace injury, the otherwise restrictive FMLA regulations governing medical certifications are relaxed to the level of inquiry permitted under the North Carolina Workers’ Compensation Act. See 29 C.F.R. § 825.307(a)(1).