Employers who suspect an employee will be out for an extended period of time after a work injury may want to consider running federal Family and Medical Leave Act benefits concurrently with workers’ compensation benefits.
This nexus between a federal law and state laws governing workers’ compensation is an important tool to protect the employer’s and employees’ interests when the injury meets the criteria of a “serious health condition.”
When the employer decides to run the FMLA with workers’ compensation, the employee receives workers’ comp benefits to replace lost wages, while the federal law ensures that their health benefits are maintained during this time.
The danger to the employer of not running the federal law with workers’ compensation is that the employee would still be entitled to FMLA leave once the workers’ compensation absence has expired.
FMLA refresher
The act grants eligible employees up to 12 weeks of unpaid, job-protected leave within a 12-month period for qualifying medical or family-related reasons. These include recovering from a serious health condition, caring for a family member with a serious health condition, or bonding with a new child.
Covered employers (private sector firms with 50 or more workers) must comply with the FMLA’s requirements to provide eligible employees with the protections it guarantees.
When an employee experiences a work-related injury or illness that qualifies for both workers’ compensation and FMLA leave, employers may run these leaves concurrently, as stated above.
This approach means that the FMLA leave period overlaps with the workers’ compensation leave, effectively reducing the total amount of protected leave the worker can take.
Key considerations for dual-tracking
If you plan to run the FMLA with workers’ comp, ensure it’s done by the book by using these best practices:
Eligibility and notice requirements — Verify that employees meet the eligibility criteria for both the FMLA and workers’ compensation. Provide clear notices outlining their rights, responsibilities and the need for required medical documentation.
Coordination of benefits — Coordinate the benefits under the FMLA and workers’ compensation, considering wage replacement, medical treatment and employee reinstatement rights. Proper alignment ensures compliance with both laws while supporting employee recovery.
Certification and documentation — Obtain and review all necessary medical certifications and documentation from health care providers. Accurate records are essential to support concurrent leave and ensure compliance with legal requirements.
Communication— Clearly inform employees about the concurrent leave designation, including how FMLA leave interacts with workers’ compensation. Maintain consistent communication throughout the leave period to manage expectations and address any concerns.
Maintain benefits — Comply with FMLA regulations by continuing health care benefits for employees on FMLA leave. Ensure there are no interruptions to coverage during the concurrent leave period.
Job restoration — Be prepared to restore employees to their original or equivalent positions when they return from concurrent FMLA and workers’ compensation leave, as required by law.
The takeaway
If you have an employee with an injury that will rule them out for an extended time, you may want to consider this approach. If you decide to do so, you’ll need to inform the worker of your decisions and ensure all of your paperwork is in order.
Running these leaves concurrently can help limit the total amount of protected leave while ensuring compliance with both laws.
By understanding legal obligations, coordinating benefits, maintaining clear communication and following proper documentation protocols, you can navigate this dual track smoothly. If you’re unsure about anything, consult your attorney.
