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How To Handle a A Workers’ Compensation Claim and FMLA

January 08, 2020

This January we’re covering hot HR topics for 2020. One area is accommodation laws, including the Family and Medical Leave Act.

Q: We have an employee with a workers’ compensation claim, does the employee have to use FMLA at the same time as the workers’ comp time off? For example: If the employee knows of an upcoming, planned surgery, do they qualify for FMLA?

A: If the employee is eligible for FMLA, regardless of a workers’ comp claim, it should be offered to the employee in the event they need to miss work for the surgery. The surgery qualifies as the employee’s serious health condition.

Emily Hartman

Emily is a Marketing Manager here at KPA. She’s using the mad communications skills she learned in Washington, D.C., to break down technical information into news you can use.