Legal Question in Medical Leave in Florida

Is FMLA benefit required to be exercised while on Work Comp?

I have been out of work and receiving workers compensation for a few months....in Florida.

Just this month, my employer sent me FMLA papers and says I don't have a choice but to go on FMLA that it's the law and they are bound to it as I am. I thought this was a ''benefit''. Do I have to be on FMLA while on Work Comp??? The only ''benefit'' that appears here is for the employer. I would rather not take the benefit now in the event I would need it later in the year after going back to work. My health insurance has always been covered 100% by my employer.


Asked on 3/05/09, 12:06 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Is FMLA benefit required to be exercised while on Work Comp?

Your work comp should be primary.

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Answered on 3/05/09, 9:56 pm


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