FMLA

June 1, 2017

FMLA and Workers’ Compensation – Common Questions Answered

FMLA and Workers’ Compensation – Common Questions Answered The federal Family and Medical Leave Act (FMLA) and state workers’ compensation laws may both cover an employee who suffers a serious health condition while on the job. The Department of Labor (DOL) has issued revised regulations that implement the FMLA. Though the interplay between the FMLA and workers’ compensation leaves was addressed within those regulations, a number of DOL letter rulings have also clarified the interaction of these laws. Does FMLA leave run concurrently with a workers’ compensation absence? The employee’s FMLA leave entitlement may run concurrently with a workers’ compensation absence when the injury is one that meets the criteria for a “serious health condition.” Thus, an employee could receive workers’ compensation benefits to replace […]
April 6, 2016

From the HR Experts: Employees And FMLA Rights

Employees and FMLA Rights Question: An employee notified his employer of a serious health condition that would require him to be out of office for some time. The employer took it as a notice of resignation and processed. A week later, the employee indicated that he wanted to go on FMLA, not resign. How should the employer proceed? Answer: The Family and Medical Leave Act (FMLA) regulations state that once an employer has been notified or has knowledge of an employee’s serious health condition, the employer is required to inform the employee of his rights and responsibilities under the FMLA. The employee does not have to specifically ask for an FMLA leave – it is up to the employer to determine eligibility and advise the […]
February 17, 2016

FMLA and Serious Health Condition for a Spouse

From the HR Experts and UNICO HR Solutions: Question: How do we certify a serious health condition for a spouse who is pregnant and not our employee when the husband seeks leave under the Family and Medical Leave Act (FMLA)? Answer: An employer may require that the need for leave for a serious health condition of the employee or the employee’s immediate family member be supported by a certification issued by a health care provider. Both the mother and father are entitled to Family and Medical Leave Act (FMLA) leave for the birth of their child and to be with the healthy newborn child (i.e., bonding time) during the 12-month period beginning on the date of birth. A husband and wife who are eligible for FMLA leave […]