Under the Family Medical Leave Act (FMLA), your employer can require you to use any paid sick or vacation time you have available to be substituted for part or all of the 12 weeks unpaid leave time allotted under FMLA. However, if you are receiving Workers’ Comp, you may receive a portion of your wages as part of the benefits, so you cannot receive paid leave in addition to Workers’ Comp.
Workers’ Comp leave may still be counted as concurrent with FMLA leave. If this is the case, it will count against the 12 weeks of leave that is allowed under FMLA.
There are differences between Workers’ Comp and the Family Medical Leave Act, but it may benefit you as the employee to take both at the same time. Such workers rights issues may be quite complex, so be sure to consult an attorney familiar with these laws if you are unsure of how these laws may impact your claim.
Contact a Montrose Worker’s Comp Attorney about Your Claim
Contact the Injured Workers Law Firm for help with your claim. In addition, you may order a copy of our free book, the The Ultimate Guide to Workers’ Compensation in Virginia. Call our law office today for a free consultation – 877-755-7744 or 804-755-7755.