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FMLA and Workers Comp

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langaustin

Junior Member
I recently had an injury on duty and received an email that my FMLA would be used for my recent injury on duty. I originally applied for FMLA for a irritable shoulder (rotator cuff) can my company use my FMLA hours for an injury that is completely different than what I applied for. I re4side in the state of Texas
 


zddoodah

Active Member
What does "use my FMLA" mean? FMLA is a body of federal law that requires most employers to provide eligible employees with up to 12 weeks of unpaid leave for qualified medical and family reasons (e.g., birth of a new child, caring for a family member, or recovery from illness). So...what exactly is the issue?
 

LdiJ

Senior Member
I recently had an injury on duty and received an email that my FMLA would be used for my recent injury on duty. I originally applied for FMLA for a irritable shoulder (rotator cuff) can my company use my FMLA hours for an injury that is completely different than what I applied for. I re4side in the state of Texas
Are you expecting to get double family leave time because you have two different issues requiring FMLA? Is your injury being covered by Worker's Comp?
 

cbg

I'm a Northern Girl
I recently had an injury on duty and received an email that my FMLA would be used for my recent injury on duty. I originally applied for FMLA for a irritable shoulder (rotator cuff) can my company use my FMLA hours for an injury that is completely different than what I applied for. I re4side in the state of Texas
I'm going to split a uhair here.

If you have applied for and been granted FMLA for a shoulder injury, then AT THE MOMENT they can only apply FMLA to that injury.

However, that doesn't mean that FMLA isn't applicable to the second injury. You need to be applying for FMLA for the second injury as well. Just because it was work related doesn't mean you get unlimited leave time for it.
 

quincy

Senior Member
I recently had an injury on duty and received an email that my FMLA would be used for my recent injury on duty. I originally applied for FMLA for a irritable shoulder (rotator cuff) can my company use my FMLA hours for an injury that is completely different than what I applied for. I re4side in the state of Texas
Which provides you with greater benefits, worker’s compensation or FMLA?

https://www.twc.texas.gov/news/efte/workers_compensation.html

https://www.twc.texas.gov/news/efte/medical_leave_laws.html
 

cbg

I'm a Northern Girl
Workers comp and FMLA are not mutually exclusive. FMLA is protected time off. Workers comp provides for the payment of medical bills and wage replacement. They can and do run concurrently.
 

quincy

Senior Member
According to the Texas Worker’s Compensation site, if an injury involves more than one law (e.g., ADA, FMLA, WC), whichever law provides the greatest protection [for the employee] should be applied - hence my question to langaustin.
 

cbg

I'm a Northern Girl
The point I am making is that more than one law can, and sometimes must, be applied. Granted, Texas is tricky when it comes to workers comp, but you don't get to apply only the one law and ignore the others.
 

FlyingRon

Senior Member
In fact, FMLA specially can double up with other forms of leave. All FMLA does is provide that you get your job back if you return before it times out (and you otherwise qualify). It doesn't mean your employer can't pay you for part of the twelve weeks.
 

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