HR Question of the Month

Injured at Another Job – Covered Under FMLA?

Question

We have an employee who was hurt on the job at their other part time job. The employee is asking about FMLA and I'm not sure if that is something that applies here. Please let me know if they run concurrently.

Answer

If an organization has over 50 employees, the employer is considered a "covered employer" under the federal Family and Medical Leave Act (FMLA). This means that if an employee indicates a need for time off due to a medical issue that is or could be a serious health condition, the employer should initiate the FMLA process, regardless of the origin of the medical condition. In this regard, the employer should provide the subject employee here with requisite FMLA paperwork, including a Certification of Healthcare Provider form for their doctor or other healthcare provider to complete. If it is timely returned within 15 days and supports that the employee has a serious health condition necessitating leave from work (whether continuously, intermittently or on a reduced schedule basis), then if the employee meets all FMLA eligibility criteria, the employer must provide up to 12 weeks of job-protected leave to the employee. The fact that the employee's health condition was sustained in the course and scope of employment at a second job does not exclude it as a serious health condition under the Act if it otherwise qualifies. In other words, the existence of a workers’ compensation claim elsewhere does not impact the employer’s obligations under the FMLA here. Click here to learn more about FMLA obligations and to download required FMLA forms..

Want to know more? Listen to our podcast on FMLA obligations.

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