Legal Question in Medical Leave in California

California FMLA & Worker's Comp.

Does worker's compensation and FMLA run concurrently in California? A physician told me that FMLA cannot apply if it is workers comp and the employee was injured on the job. I thought that we could fill the position after the FMLA time had run out and terminate employment and benefits under the company leave policy.


Asked on 5/29/07, 4:34 pm

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: California FMLA & Worker's Comp.

FMLA leave can run concurrently with a Workers' Comp leave but you may NEVER terminate employment because the employee has reached the conclusion of his/her FMLA leave, for an employee injured on the job. You should speak with experienced employment counsel so that you have a clear understanding of your obligations under these somewhat complex laws.

Employees injured on the job are protected under a number of laws. Be very careful in terminating medical insurance benefits without clearance from your counsel.

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Answered on 5/29/07, 4:48 pm


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