Legal Question in Medical Leave in Florida

FMLA and Worker's Compensaton

What information do you have available regading the above subject matter. I am looking especialy on any thing pertaining to the requirement of the employer's requirement to notify the employee of the requirement to take this leave and if they did not is the employee entitled to the leave even if it is at a later date when the employee required it. When the employee initially was taken off work due to workers comp. the employee had worked the required hours and had been with the company 19 years. However, when the employee requested FMLA for worker's comp. six months later the employee had not work the reqired hours for that year. Can you help me with this question. Sincerely, and Thanks


Asked on 3/29/09, 2:46 am

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

Re: FMLA and Worker's Compensaton

FMLA is seperate from work comp. Two different things. FMLA is without pay, so if your vacation time is based upon time of service every year, i don't think that the employee would accumulate vacation time while away. Many employers require an employee to use vacation time before FMLA time.

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Answered on 3/29/09, 10:52 am


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