Legal Question in Workers Comp in Virginia
If a worker is out on documented and approved worker's compensation, can they be required to take leave under FMLA and are these two programs related at all?
1 Answer from Attorneys
The FMLA and the Virginia Workers Compensation Act are not connected. The FMLA (a federal law) preserves your job for 90 days if the employer has enough workers to be subject to the Act. The VA WC Act provides for medical coverage for your injury and payment for lost wages. The employer may have an incentive to retain you so your WC payments will come to an end. The more WC you are paid the higher will be the employer's premium. Of course, if you are released by the doctor with no injury related restrictions your WC benefits may end and the employer may not re-employ you if you are out more than 90 days due to your injury. For more information, check my website at www.virginiadisabilitylawyer.com.