Can my employer require me to use my leave under the Family and Medical Leave Act (FMLA) while I receive workers' compensation benefits?

Yes.  Under the Family and Medical Leave Act, certain employees are entitled to 12 weeks of unpaid leave during any 12‑month period, if you have worked a sufficient amount of time worked to qualify for the benefit and your employer is large enough to be subject to the Family and Medical Leave Act.  Though the Family and Medical Leave Act provides for unpaid sick or family leave, employers may require you to take FMLA time while you are out on a workers' compensation injury leave.  Keep in mind that if you exhaust your FMLA time while on workers' compensation, your employer does not have the obligation to offer you your job back, unless you are covered by a union contract or employment contract that provides otherwise. For more information on Pennsylvania Workers' Compensation and the Family and medical leave Act, click here.

Greg Boles
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Partner at The Boles Firm | Experience Matters