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Ask The Insurance Decoder

Lynne Lucio

Lynne Lucio

By Lynne Lucio

Q.  Can an employee who is off work for a work-related injury or illness have their workers compensation leave count against their FMLA entitlement?—Dianne K., Oxnard, CA
A.  It can and often does, depending on the employer’s policies and procedures.  Many employers’ formal policies state that FMLA and workers’ compensation leave can run concurrently provided the reason for the absence is due to a serious illness or injury according to FMLA regulations.  In addition, the employer must formally notify the employee, in writing, that the leave will be counted as FMLA.  In most cases, the employer cannot count FMLA leave retroactively.

ASK The Insurance Decoder © Copyright 2012, Lynne Lucio.  All rights reserved.

Lynne Lucio, the author of The Insurance Decoder:  How to Maximize Your Health Insurance Benefits, Minimize Out-Of-Pocket Expenses and Stay One step Ahead of Your Insurance Company, has been a health insurance professional for over 20 years.  As an insurance insider, Lynne learned how to decipher the medical claims labyrinth and developed the specific and practical knowledge of the claims process.  Throughout her career, Lynne has shared her expertise with thousands of insured consumers, helping them resolve complicated health claims while showing them how to take full advantage of their health insurance benefits.  The depth and breadth of Lynne’s knowledge of the topic encompasses not only the claims process but also the laws that influence and regulate health coverage, including ERISA, COBRA, FMLA, USERRA, HIPAA and others.  Lynne provides consulting services to covered individuals and writes about health insurance issues on (  For more information, or to submit your own health insurance related questions, contact Lynne at  Your question may be answered in a future column.

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