Management Northwest – Legal Update – January 15, 2019
By Patricia Latham Ball, Esq.
Dear Patricia:
Sadly, an employee suffered a workers’ compensation injury that will require time off for a few weeks. I don’t have to give her FMLA since it is a workers’ comp injury, do I?
Manager
Dear Manager,
If your company falls under FMLA (50+ employees within 75 miles radius), and IF this employee is eligible (has worked one year total and 1250 hours in the past 12 months), then YES, FMLA comes into play. Many managers and HR departments mistakenly believe that WC does not trigger FMLA. The opposite is the case. The FMLA regulations are clear that if the WC injury is a serious health condition as defined under FMLA, then WC time off and FMLA run concurrently. Hope your employee recovers quickly and is back at work soon!
Patricia
208-788-2261
pball@mnwlegal.com