Be Part of the Ultimate Safety & Compliance Community
Trending news, knowledge-building content, and more – all personalized to you!
The FMLA specifically recognizes that a serious health condition may result from an injury on or off the job, so a work-related injury could qualify for FMLA. Remember that FMLA leave is a legal entitlement, not an optional benefit, and employers are responsible for recognizing and designating leave under FMLA. An employer’s failure to provide FMLA protections will not prevent an employee from claiming those protections, even if the employee must file a lawsuit to get them. So any absence which qualifies for FMLA should be designated and counted against the employee’s annual entitlement.