Legal Question in Medical Leave in Georgia

FMLA leave or benefits

I recently found out I have to have surgery and will be out 6-8 weeks. This will be covered under the short term benefits portion of my health care. Does FMLA run concurrent with benefits? My supervisor thinks not but the company has done it differently with others.

Shouldnt benefits cover the surgery and the FMLA cover the post operation DR visits? Please advise?


Asked on 1/02/07, 5:32 pm

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: FMLA leave or benefits

FMLA protected leave can run concurrently with paid leave. It is sometimes helpful to think of the FMLA as what it is - a job protection statute. That is, it does not necessarily create any leave time, but it protects your job while you are away from it for certain specified reasons. Since it does not mandate any pay for the time you are on leave, it is often a benefit to the employee to have the leave time run concurrently with other paid leave time.

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Answered on 1/04/07, 1:20 pm


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