Overlap Between Workplace Injury Leave and Compensation

Overlap Between Workplace Injury Leave and Compensation

Workplace Injury Leave and Compensation

When employees get injured at work, many times they wonder whether it is required that they use up any Family and Medical Act Leave while they are recovering. The allowances of FMLA are for 12 weeks of job-protected but unpaid leave each year with continued health insurance coverage. It is expressly to be used for medical and family reasons. However, serious work injuries could qualify for both worker’s compensation and FMLA coverage.

Concurrent Protection

In some cases, you can concurrent protection using workers comp and FMLA. Your workers’ comp leave could be counted toward any FMLA entitlement, but this occurs when the employer notifies a seriously injured or ill employee in writing that this overlap will take place. Whenever this overlap occurs, benefits from the workers’ comp plan will still payout but the time is counted against their 12 weeks of yearly leave. Employers are required to provide leave based on the greater benefits between the two programs.

Filing Choices

Employers that carry workers’ comp insurance don’t generally require their employees to file FMLA when the employee has been injured at work. In truth, employers are not legally allowed to force an employee to use FMLA for an absence of work instead of paying out the benefits. State laws do vary on what the requirements for carrying workers compare.