Employees’ Compensation and FMLA – Lexology

You may take FMLA leave at the same time as any time off covered by Employee Compensation if the employee is eligible for FMLA leave and the work-related illness or injury is classified as a serious health condition. In fact, the FMLA was originally created for that purpose, that is, to give sheltered leave to people injured in the workplace. Employers can use the information they receive about the employee’s compensation entitlement to decide whether the leave qualifies for an FMLA vacation or whether separate FMLA certification is required. In any case, if the requirements are met, employers should set the qualifying time off as FMLA leave and communicate the leave name to the employee. This is a great idea to avoid an employee taking vacation time due to work-related injury or illness, as well as an additional 12 weeks under the FMLA. Make sure the concurrent vacation language is included in your written FMLA policy.

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