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How does my workers compensation claim affect the Family Medical Leave Act (FMLA), sick time, vacation time, paid time off (PTO), etc.?

April 26, 2017ACT affect claim compensation family FMLA leave medical sick Workers

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How does my workers compensation claim affect the Family Medical Leave Act (FMLA), sick time, vacation time, paid time off (PTO), etc.?

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• The work or nonwork status of the injury or disability has no bearing upon the employer’s obligations under the Family Medical Leave Act (FMLA). The employee’s eligibility for the protections of FMLA is governed entirely by whether the employee’s injury or medical condition brings the employee within the coverage of FMLA. If the employee qualifies for FMLA leave, the employer will not be able to terminate the employee for absenteeism or take any other actions prohibited by FMLA until the employee’s entitlement to FMLA leave has been exhausted. Sick leave, vacation leave or paid time off (PTO) cannot be used to pay workers’ compensation benefits. However, accrual of these benefits may be affected by being off of work due to an injury.