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How To Handle a A Workers’ Compensation Claim and FMLA

Emily Hartman /

This January we’re covering hot HR topics for 2020. One area is accommodation laws, including the Family and Medical Leave Act.

Q: We have an employee with a workers’ compensation claim, does the employee have to use FMLA at the same time as the workers’ comp time off? For example: If the employee knows of an upcoming, planned surgery, do they qualify for FMLA?

A: If the employee is eligible for FMLA, regardless of a workers’ comp claim, it should be offered to the employee in the event they need to miss work for the surgery. The surgery qualifies as the employee’s serious health condition.

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