FMLA Leave, Workers' Comp. Can Concur: 7th Circuit

Law360, New York (March 25, 2008, 12:00 AM EDT) -- In a boost to employers, an appeals court has confirmed that leave under the Family and Medical Leave Act may be run concurrently with an employee's workers' compensation absence as long as proper notice is provided.

A three-judge panel of the U.S. Court of Appeals for the Seventh Circuit said Friday that U.S. Department of Labor regulations specifically permit the running of FMLA leave concurrently with workers' compensation where the employee's on-the-job injury also constitutes an FMLA-covered “serious” health condition.

The ruling came in the case...
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