Should Our Company Designate Time Off Due to a Work-Related Injury as FMLA?
Rhonda Blum
Heard it on the Hotline
It is generally recommended that the employer designate the time off for a work-related injury or illness as FMLA-protected leave when the following conditions are met:
- The employer is considered a covered employer.
- The employee meets the eligibility requirements for leave under FMLA
- The injury or illness meets one or more of the definitions of a serious health condition as defined under FMLA.
To qualify for FMLA protection, the employee’s medical condition must meet the definition of a serious health condition. A work-related injury may qualify if it requires an overnight stay in the hospital or other inpatient medical facility; involves a period of incapacity of greater than three consecutive calendar days; or is a chronic condition involving periodic treatment and episodic periods of incapacity, with treatment occurring at least twice per year.
An employer is a covered employer under the FMLA if they employ 50 or more employees for 20 or more weeks in the current or preceding calendar year. An employee is eligible for Federal FMLA leave once they have been employed with the employer for at least 12 months (does not need to be continuous) and worked at least 1,250 hours in the last 12 months at a company location with 50 or more employees within a 75-mile radius.
When all eligibility requirements are met, designating leave resulting from a work-related injury as FMLA leave can provide advantages for both the employer and the employee.
For employers, designating the work-related leave as FMLA allows the employee’s FMLA entitlement to run simultaneously with the work-related leave. This reduces the possibility that the employee could have a lengthy workers’ compensation-related absence, return to work, and still retain the full 12-week FMLA entitlement for a separate qualifying reason later in the year. For employees, designating the work injury leave as FMLA provides both job and benefit protections.
Some employers may choose not to designate leave related to a work injury as FMLA leave. Employers taking this approach should ensure they apply the practice consistently across similar situations to avoid potential claims of disparate treatment or inconsistent administration of leave policies.
When an employer designates leave for a work-related injury or illness as FMLA leave, it may not be necessary to require the employee to submit a completed Certification of Health Care Provider. If the employer obtains sufficient medical information through the workers' compensation process to determine that the condition qualifies as a serious health condition under the FMLA, the employer may designate the leave by providing the employee with the required Notice of Eligibility and Rights and Responsibilities, as well as the completed Designation Notice.
If you have questions about designating time off for a work-related injury or illness as FMLA-protected leave, contact us for additional guidance and support. MRA members can reach out to our 24/7 HR Hotline.
