Using FMLA with Workers Comp in Pennsylvania

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) has become an issue for injured workers because employers frequently provide FMLA along with Pennsylvania workers comp. Since FMLA and workers comp benefits are two separate issues, the combination of the programs can get pretty confusing.

• FMLA allows certain employees to take up to 12 weeks of unpaid, job-protected leave per year. It also requires that group health benefits be maintained during the leave. However, employers may require the injured worker to handle the co-pay for these benefits which can be very expensive.
• Workers comp pays benefits to workers who have been injured on the job.

Because FMLA provides unpaid leave, the employee will not receive any money from FMLA. However, the worker might receive workers comp or other sources of income, such as short or long term disability, if any of these programs apply to their situation.

Qualifying for FMLA and Pennsylvania Workers Comp

While there are several situations that would qualify an employee for FMLA, only a work-related illness or injury would qualify a worker for FMLA and workers compensation. If an injured worker is on FMLA due to a work-related injury or illness, the worker should also apply workers comp payments.

Examples:

1. You could be on FMLA if recovering from a ruptured appendix or childbirth. Since those medical reasons are not likely to be work-related, PA workers comp payments could not be collected.

2. You fell on the job, broke a leg, and had to have surgery. You could be on FMLA and could also be eligible to collect workers comp payments because the injury happened at work.

Both workers comp and FMLA require that a work-related illness or injury be documented with medical evidence. That means a doctor has to say that you are too injured or ill to work.

How FMLA helps both workers and employers

FMLA was designed to protect both workers and employers. Although there is no reason why an injured worker could not request FMLA benefits, the employer usually starts the FMLA process.

The benefit of FMLA for an injured worker is job security. FMLA guarantees you – with a few exceptions – that a 12-week unpaid leave of absence can be taken for urgent family or personal medical-related reasons without fear of job loss.

It is important to note that your employer does not need to hold your original job for you. But your employer does need to provide you with a job of equivalent pay and benefits if you return to work within the 12 week time period.

The benefit of FMLA is the set time limit for holding a job open. Your employer has the option of terminating your employment if you are not recovered enough to return within the 12 week time period. The time limit provided under FMLA also protects an employer against lawsuits for wrongful termination.

Losing your job because you missed more than 12 weeks of work does not affect your right to collect workers comp in PA. In fact, if you don't have a job to return to, the insurance company will have to continue to pay you workers comp until you are closer to recovery and are able to find other job. Of course, you must make an honest effort to find a job once a doctor says you can work again.

Employers and workers exempt from FMLA

Some companies and employees are exempt from FMLA. Exemptions may include companies with fewer than 50 employees, seasonal employers, or employees who have worked a limited time with an employee. An injured worker should consult an lawyer or their employer for FMLA qualifications.

Please note: Information on Family and Medical Leave Act and workers comp law in PA represented on this website refers to the standards adhered to by the state of Pennsylvania only.