How To Use FMLA Concurrent With Workers Compensation

Whenever you or a family member becomes ill or sustains an injury, it can make life challenging in terms of work and balancing the need to recover. For this reason, the Family Medical Leave Act exists to provide some legal protection for individuals’ rights to a healthy recovery.  Unsurprisingly, figuring out how to use FMLA concurrent with workers compensation is a top concern for people in this sort of situation. 

Using FMLA Leave for a Work Absence 

According to the law, individual workers may use FMLA to cover up to 12 weeks of unpaid leave from work during a 12-month period. During this time, the employee’s job falls under the protection of federal law.

Using Workers’ Compensation for a Work Absence

Workers’ compensation is another resource that workers have a right to. Under the law, individuals have a right to claim compensation for work-related illnesses and injuries that fall under workers’ comp regulations. While this process is separate from FMLA, the two are not always unrelated.

Using FMLA and Workers’ Comp Together

If a worker has an absence from work that falls under both FMLA and workers’ comp, it may make sense for him or her to use the benefits concurrently. In many cases, it makes sense to do so, and it is legal as long as the individual qualifies. 

Missing work is never easy, but understanding your rights and how you can benefit from legal protections of the law can make be very helpful.