Legal Question in Workers Comp in California

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--

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

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1 Answer from Attorneys

David Lupoff Law Offices of David B. 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.

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Answered on 8/15/06, 10:53 pm

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