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  1. #1
    Join Date
    Aug 2018

    Default Work Injury vs Family Medical Leave

    My workers compensation claim was made in the State of: Illinois
    on 6-4-18 I was injured at work.. now my employer sent me a FMLA form to fill out.what is the difference and should I fill it out
    thank you

  2. #2
    Join Date
    Oct 1971

    Default Re: Work Injury vs Family Medical Leave

    my employer sent me a FMLA form to fill out.what is the difference and should I fill it out
    Yes, fill it out to protect your rights.
    FMLA will provide you 12 weeks of job security while you're off on comp - you can't be fired as long as you have a qualifying injury.
    You will still receive wage loss benefits from comp plus have the job security that FMLA provides.

    When FMLA and Workers’ Comp Apply
    Also, workers should be aware that workers' compensation leave can count against their FMLA leave entitlement. FMLA leave and workers' compensation leave can run concurrently if the reason for the employee’s absence is due to a qualifying serious illness or injury and the employer properly notifies the employee in writing that the leave will be counted as FMLA leave.

    Understanding FMLA
    FMLA is a federal law that provides that workers be given time to tend to serious health conditions that make them unable to perform their jobs. Not only can the time be used for the employee’s own illness, but it can also be used to allow employees to tend to serious medical needs of immediate family members. Although the employee receives no pay during their time out, they have the security of knowing they cannot be fired while they are on leave.

    Family Leave Act & Illinois Workers' Compensation
    Appeal Clarifies Misconceptions
    On appeal of Mr. Dotson's suit against BRP, the Illinois 7th Circuit Court stated the plaintiff's arguments were based on three theories steeped in misconceptions of workers' compensation, the FMLA, and retaliatory discharge:
    Myth #1: An employer may not lawfully force an employee to take FMLA.
    Truth: An employer may designate an absence as FMLA if the employer gives the worker proper notice.

    Myth #2: An employee may not be terminated for absenteeism resulting from a work-related injury.
    Truth: An employer may fire an employee for excessive absenteeism, even if caused by a work-related injury. Further, under Illinois law, employers are not required to retain at-will employees who are medically unable to perform their duties nor are they required to reassign them to other positions.

    Myth #3: An employer may not count leave covered by worker�s compensation toward FMLA or run them concurrently.
    Truth: With the proper notification and designation, an employer may count an absence toward FMLA and may, at the minimum, consider workers' compensation, disability, and FMLA to run concurrently. When the 12-week FMLA leave is used up, the employee must look to the state workers' compensation statute or the ADA for protection or relief.

    Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.

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