Legal Question in Medical Leave in Michigan

FMLA Leave and On-The-Job Injury

An employer is entitled to require that the leave provided under the Family Medical Leave Act and workers' compensation leave run concurrently. The regulations state, at Section 825.207(d)(2), that "...Either the employee or the employer may choose to have the employee's FMLA 12-week leave entitlement run concurrently with a workers' commpensation absence when the injury is one that meets the criteria for a serious health condition. As the workers' compensation absence is not upaid leave, the provision for substitution of the employee's accrued paid leave is not applicable." If the employer has not required that the leave run concurrently, and has not advised the employee of that fact within 2 days of the employer being notified that the reason for the absence is one which would qualify for FMLA leave [see Section 825.207(b)(1)], then the employee likely is entitled to take FMLA leave in addition to the workers' compensaiton leave. The injury must constitute a "serious health condition" under the Act, which is defined in great detail at Section 825.114 of the FMLA regulations. The Wage and Hour Division of the U.S. Department of Labor can discuss the specifics with you. That division can be reached in Detroit at (313)226-7447. The employee may advise the employer of his intent to use FMLA leave, in accordance with the notice requirements of FMLA, which should be posted at the place of employment. You should consult an attorney to discuss the specific facts of your case and to determine whether you are entitled to exercise rights under the FMLA.