FMLA and Workers' Compensation

Laws have been created to protect employees who are injured on the job or who require extended time off. Both the Family Medical Leave Act and workers’ compensation were designed to help employees in those situations.

Approved Reasons for FMLA

FMLA ensures job protection for qualified employees who request unpaid leave. There are specific reasons for qualifying for FMLA, and the period of time must not exceed 12 weeks in 12 consecutive months.

  • Taking care of a family member with a serious health condition
  • Bringing a new child into the family, either by birth, foster care or adoption
  • Recovering from a health condition in which the employee isn’t able to perform essential job duties

Rules for Workers’ Compensation

Workers’ compensation provides income and health care for qualified employees who are injured or become ill on the job. It doesn’t necessarily allow for job protection, however.

If an employee qualifies for compensation under the laws of both FMLA and work comp, the employer must evaluate the situation and provide leave under whichever law gives the employee the best compensation. Each state has different rules pertaining to FMLA and workers’ compensation, so the choice can seem daunting. To avoid confusion, it’s important for the business owner to discuss options with their insurance agent.

FMLA and workers’ compensation are in place to help employees in their time of need. Business owners who are prepared will better serve their workers.

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