Importance Of Running A Worker
The Family and Medical Leave Act protect employees who need to take time off work to take care of certain medical problems in his family.
This also provides disability leave accommodations for workers who are not able to go back to work as a result of mental condition.
If the disabling condition was sustained on the job or in the workplace, the employee may avail of benefits under the Worker"s Compensation Statutes of the state.
Under Worker"s Compensation, the employee is guaranteed to still receive income funded by the government and the employers.
Benefits under Worker"s Compensation generally include medical treatment, disability, medical treatment and wage/salary continuation.
However, Worker"s Compensation is not a leave law so it does not specify the amount of leaves the employer should provide.
Some states do not even guarantee reinstatement after a Worker"s Compensation Leave.
Worker"s Compensation Leave under the Family and Medical Leave Act
That is why if you are eligible under the Family and Medical Leave Act, you should enter your Worker Compensation leaves under the FMLA.
To be eligible the employee must be:
"Working under an employer with 50 or more employees, including public agencies.
"The employee"s leave of absence must fall under the three valid reasons:
oTo take care of a new child from childbirth, adoption or for foster care.
oTo take care of a family member with a serious medical condition.
oTo take care of a personal serious medical condition.
The Worker"s Compensation falls under the third reason, as you sustained injuries that require you to take a disability leave from work.
For an injury to be considered a serious condition under FMLA, it should require either "in-patient" care or continuous medical treatment from a healthcare provider.
So accordingly, if you get injured on the job, the employer should check if you are eligible for Worker"s Compensation and FMLA.
The employer should notify you that the Worker"s Compensation will be entered under FMLA and that you will receive up to 12-weeks of unpaid leaves under FMLA and your compensation will be from Worker"s Compensation.
This should protect your job for at least 12 weeks. After the 12 guaranteed weeks, the employer may choose to terminate your employment.
However, the employer should have made sure that you were informed that you have been placed under FMLA and that the Worker"s Compensation leave ran with your FMLA benefit.
The employer should also consider that since you may be considered disabled, you will also be protected under the American"s with Disabilities Act and you may be entitled to additional disability leave accommodations.
To avoid conflict regarding your disability leaves, you and your employer should both consult an employment law attorney to advise you on the applicable state and federal laws in your situation.
by: Mark Dacanay
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