Legal Question in Medical Leave in Virginia
FMLA Workers Comp & Short Term Disability
I was injured on the job in Virginia and I'm eligible for Workers Compensation and Short Term Disability. Do I have to use FMLA? It appears my Employer is really pushing me, almost forcing me to using FMLA. I don't believe I have to use FMLA. Am I correct?
Asked on 12/02/05, 9:50 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: FMLA Workers Comp & Short Term Disability
You are correct. The employer can require the
employee to substitute only accrued paid vacation leave, personal leave or family leave for any part of the FMLA leave. (See 29 U.S.C.
Sec. 2612(A)&(B).)
The employee is not required to use FMLA leave in place of other leave he or she would otherwise be entitled to under workman's compensation and/or short term disability.
Answered on 12/02/05, 10:55 am
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
