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How can the Family and Medical Leave Act affect my South Carolina workers’ compensation case?

A severe workplace injury can bury you in confusing legal paperwork and complicated details. But one law you might need to know more about is the Family and Medical Leave Act—because it can impact your case.

What is the Family Medical Leave Act?

The Family & Medical Leave Act (FMLA) is a federal law giving eligible employees of certain employers up to 12 weeks of unpaid, job-protected leave in a 12-month period.

You don’t have to take all that time in a single block. It can be broken up over that 12-month period.

During that time, employers must also continue your health insurance coverage.

FMLA provides limited job protection. On return, most employees must be restored to the same or similar job with equivalent pay, benefits, and other employment terms and conditions.

To be eligible, an employee must:

  • Work for the employer for at least 12 months
  • Generally, have at least 1,250 hours of service in the 12 months before taking leave
  • Work at a location where the employer has at least 50 employees within 75 miles of the employee’s worksite

How does FMLA impact a workers’ comp case?

One qualifying condition for FMLA is a legally-defined “serious health condition” that makes you unable to do your job. For a badly hurt employee, the question often becomes, “Can I take FMLA leave while I’m out on workers’ comp?”

The answer is yes. Whether it’s the right thing to do depends entirely on your unique circumstances. An experienced workers’ comp attorney can give some guidance here, but you may not have a choice.

Some injured employees are stunned to learn their employers can declare workers’ comp leave as FMLA leave. While it can be frustrating to lose FMLA rights when you’re covered by workers’ comp, it’s the law.

There’s another answer you might need to know.

Can my employer make me take FMLA Leave instead of workers’ comp?

One thing an employer cannot do is force you to take FMLA leave instead of fulfilling its legal duties owed to you under the South Carolina workers’ compensation law.

If your employer sidesteps this legal responsibility, don’t let them get away with it for a second. Call a workers’ comp attorney you trust.

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Rob Usry
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Rob is a Spartanburg, South Carolina personal injury and criminal defense lawyer.

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