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Do you qualify for FMLA if you’re hurt on the job?

Posted On March 18, 2014

By Neal B. Strom of Strom & Associates, Ltd. posted in Workers’ Compensation on Tuesday, March 18, 2014.

The Family and Medical Leave Act, commonly referred to as FMLA provides eligible employees up to 12 workweeks of unpaid leave a year, and requires group health benefits to be maintained during the leave as if employees continued to work instead of taking leave. Employees are also entitled to return to their same or an equivalent job at the end of their FMLA leave.

Even if you are injured on the job or while working, you still are eligible for FMLA benefits on top of the benefits you will receive from a workers’ compensation claim. Many of our clients are unaware that they can file for both benefits.

It truly is a law that can provide a great deal of assistance and aid when unfortunate events enter into your life.
There are certain requisites you must meet to qualify.
In order to be eligible to take leave under the FMLA, an employee must:

  • work for a covered employer;
  • have worked 1,250 hours during the 12 months prior to the start of leave; (special hours of service rules apply to airline flight crew members)
  • work at a location where the employer has 50 or more employees within 75 miles; and
  • have worked for the employer for 12 months. The 12 months of employment are not required to be consecutive in order for the employee to qualify for FMLA leave. In general, only employment within seven years is counted unless the break in service is (1) due to an employee’s fulfillment of military obligations, or (2) governed by a collective bargaining agreement or other written agreement.

For more information follow the link below. We hope that this blog has given you more insight and knowledge into your options when faced with a tough situation. One of our goals is to educate our clients and the public.

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