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FMLA and Workers' Compensation: Understanding Your Rights


Question
I'm out of work on workers comp and my company's policy is that you also take fmla.  they stated that my fmla started when I first left work, but just sent the forms now.  Is it true that fmla only starts once the forms have been completed and returned.

Answer
FMLA- protects your job- worker's comp pays your salary (usually 66 2/3) and is responsible for your medical bills etc.

FMLA begins the first day you leave work (they should have filed the papers immediately)and runs concurrently ( at the same time) with either worker's comp or disability whatever the case may be.

Under FMLA you are entitled to 12 weeks of paid/or unpaid leave (cumulative) in a 12 month period.  During that time your job is protected.  Once the 12 weeks is over - your specific job does not have to be held for you.

I know this is confusing but if you think in terms of FMLA protecting your job and disability/worker's comp paying your salary is is easier to understand.  The key is that FMLA is only for 12 weeks total during a 12 month period.

If you need further assistance- please do not hesitate to write again.