California  |  Workers Comp

Legal Question

Asked on: 8/13/06, 11:34 am

Workers Comp and FMLA together

Can my company force an employee while on a work related Workers Comp injury to take FMLA at the same time?

I believe that an employee should not be forced to take FMLA at the same time of an workers comp injury that FMLA is an separate issue and that it is unlawful for a public agency to indulge such a policy. This question is based on a public agency in public transportation with over 500 employees and the employee has worked the required hours for FMLA etc. thanks for your information.--name removed--

Experienced Workers' Compensation Attorneys

The Law Offices of Eslamboly & Barlavi has over 20 years of experience helping injured workers all over California. We can help you recover for your injuries as a result of an accident at work. We only get paid if we recover compensation for you. Visit our website or call us for a free consultation about your case at 1-800-LAW-TALK.

For more information visit us at

1 Answer

Answered on: 8/15/06, 10:53 pm by David Lupoff

Re: Workers Comp and FMLA together

FMLA is not to be used to compensate an injured worker. The employer is responsible for paying temporary disability, or permanent disability, etc., while the injured worker is off work due to an accepted work-related injury. The key word here is, "accepted."

Many times, when a case is denied, the employer will place the injured worker on FMLA since the workers' comp carrier is unwilling to pay benefits. Therefore, the utilization of FMLA to compensate the employee while he/she is off work due to a work-related injury is merely questionable.

Did you find this answer helpful?

0 Users found this answer helpful.

0 Attorneys agree with this answer.

Law Offices of David B. Lupoff 15915 Ventura Blvd. Penthouse 4 Encino, CA 91436

Other answers from this attorney

Didn't find what you were looking for? Ask an Attorney!

Get answers from the top Attorneys
Ask Question

70 Answers given in the last few hours.

86611 Active attorneys ready to answer your question

Search Past Answers:
  Advanced Search