Fmla Leave Has With Workers Compensation
Description
How to fill out Letter Advising Employee That FMLA Leave Has Been Exhausted?
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FAQ
FMLA doesn't provide employees with any greater rights to reinstatement or other benefits and conditions of employment, including continued employment. An employer may terminate an employee regardless of FMLA leave status provided that there is a legitimate, nondiscriminatory reason for termination.
An employee's workers' compensation absence and FMLA leave entitlement may run concurrently when the work-related injury or illness is one that meets the criteria for ?serious health condition? under the FMLA.
Family and Medical Leave Regulations The Family and Medical Leave Act (FMLA) of 1993 requires all employers with more than 50 employees to provide up to twelve (12) weeks of unpaid, job-protected leave during any twelve-month period to ?eligible? employees for certain family and medical reasons.
But, since Indiana workers' compensation laws do not provide protected leave, if that employee must miss time from work in relation to that injury, she may need to request time off work under the FMLA or the ADA to protect her job while she is absent.
The employee handbook also states that FMLA leave, short-term disability, and workers' compensation run concurrently and that any employee who cannot work after 12 weeks of leave is automatically terminated.
