Recovering lost benefits in claim (Family Medical Leave/Sick Days)

[chicagoHdiscs]

I'm in Illinois and was injured (hit by a car while walking) at work. I missed 19 days Family Medical Leave, and two sick days because of the accident.

Will I be able to recover or be compensated through workers compensation or my third party suit for my lost benefits (FMLA and Sick days)? I understand the FMLA days "reload" after a year, but my wife and I are hoping to have a baby before the "reload" date and don't want to have to take unpaid FMLA.

I appreciate any help and advice.

[Bad Boy Bad Boy]

Work injuries can't predict your wife having a child, nor can they predict an injury to take place. So what goes on with you, is all that maters to your employer. FMLA runs con-current with WORK Comp. If sick days are used to pay you, and even vaction time used up, it is all legal. After such is used up, the work comp insurance then pays you for any un-paid days off from a work injury.

Now don't forget, if your not working, FMLA does't just reload like you think, as you have to so many working hours in a years time for it to say re-load. Such as 1,250 hours or something worked.

http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

[fireball]

am i missing something????? did the accident occur during work??? if so I know my employer gives us the option of taking fmla or sick time to recieve full pay until it runs out,but we are not requried to do so

cheers!

[Bad Boy Bad Boy]

Fireball, employer options is correct. Remember company policy rules also. Now also employer options without a company policy can change in a minutes notice also.

[UndercovrAngel]

So it sounds like all in all, you used just under 3 weeks of FMLA. FMLA allows for up to 12 weeks time off for medical and family leave. So you still have at least 9 weeks of FMLA left that you can use if indeed your wife does have a baby within the next year.

This is the actual mandate on how FMLA works:

To qualify for the FMLA mandate, a worker must be employed by a business with 50 or more employees within a 75-mile radius of his or her worksite, or a public agency, including schools and state, local, and federal employers (the 50-employee threshold does not apply to public agency employees and local educational agencies). He or she must also have worked for that employer for at least 12 months (not necessarily consecutive) and 1,250 hours within the last 12 months.

Angel ^j^