From the Hotline: Temporary Disability Plans and FMLA

Question: Does workers’ compensation leave count against an employee’s FMLA leave entitlement? How do temporary disability plans fit within the FMLA?

Answer: Workers’ compensation leave should run concurrently with FMLA. We recommend to all of our clients that they designate the leave as FMLA as soon as the workers’ compensation illness or injury requires that the employee be out of work. If the employee qualifies for FMLA, then this gives him/her job and benefits protected leave (not pay) for 12 weeks in a 12-month period, while the workers’ compensation provides for treatment for the work-related injury or illness and partial wage replacement.

Pay Scale With respect to temporary disability plans, if the employee qualifies for the disability plan, then it can also run concurrently with the FMLA. Disability plans provide for partial wage replacement, while FMLA does not provide for any pay – just job and benefits protection (as with the workers’ compensation as discussed above).