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Workers Compensation and FMLA

RockieRockie 2,136 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
I have not worked very much with WC claims. I know the basics of the paperwork, etc., but my major question is. Does WC leave integrate with the FMLA in that it is counted towards the 12 weeks of unpaid leave per year?

I am sure that it will also integrate with the ADA if the 12 weeks are exhausted, but I just need to go ahead and send the standard FMLA notification letter if this is appropriate.

Thanks for your help.

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  • SystemSystem 5,885 Posts
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    Yes, if the workers' comp claimed injury qualifies for FMLA, you can and should declare it as FMLA leave upfront (don't do it retroactively if you knew that it was workers' comp injury and it would qualify as leave under FMLA). But remember, once the FMLA leave time runs outr you need still need to deal with the industrial injury claim aspect and the need for and right to possible continued leave.
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