Question:
We have an employee out due to a work-related injury. Do we still need to send them Family and Medical Leave Act (FMLA) paperwork if they’re already on workers’ compensation?
Answered by the HR Experts:
Yes, you should still provide them with FMLA notices if the injury may qualify as a serious health condition under the FMLA and the employee is otherwise eligible. Workers’ compensation leave and FMLA can, and often should, run concurrently. The same is true for applicable state leaves (for example, CFRA in California). As a reminder, under the FMLA, required notices must be provided to the employee within five (5) business days of learning that an employee’s leave may be for an FMLA-qualifying reason. Providing timely notice is critical. If an employer fails to designate FMLA leave (or other applicable state leaves) promptly, the employee may be entitled to additional job-protected leave. Reach out to Jinji HR for further guidance on compliance or required leave notices, we are happy to support!
Answers provided by Jinji HR | jinjihr.com
