Ohio Workers' Compensation Lawyer Explains When You Can Receive Both Types of Benefits

Receiving temporary total disability (TTD) benefits won't automatically disqualify you from FMLA leave. The Family and Medical Leave Act (FMLA) is an important piece of legislation that ensures job protection and unpaid leave for eligible employees in the United States. In Ohio, TTD benefits are paid to injured workers who are temporarily unable to perform their job-related duties. If you're where you need to use both types of benefits, the workers' compensation professionals at the Monast Law Office can explain how they work together to ensure your job and rights remain protected.

What is FMLA? Desk with FMLA documentation

The FMLA is a federal law that grants eligible workers the right to take up to 12 weeks of unpaid, job-secured leave each year for designated family or medical purposes. It was enacted to balance the demands of the workplace with the needs of families.

FMLA Eligibility and Rules

Despite the number of employees, FMLA applies to private-sector employers with 50 or more employees within a 75-mile radius and to all public agencies. 

To be eligible for FMLA benefits, an employee must have worked for their employer for at least 12 months and accumulated at least 1,250 service hours during those previous 12 months.

FMLA can be used for several qualifying reasons, including:

  • The birth or adoption of a child
  • Caring for a relative, such as a spouse, child, or parent who has a serious health condition
  • Managing your own serious health condition that needs attention

An employee eligible for FMLA can take up to 12 weeks of unpaid leave during a 12-month period.

Signing FMLA Paperwork

Signing FMLA paperwork is an essential step in the process, both for employees and employers. Here's why:

  • Documentation. Now, there's a record of the leave request and its reason. This helps ensure the leave is eligible under FMLA guidelines.
  • Protection. This allows employees' rights to be clearly outlined in the leave and their job protection provided under FMLA.
  • Notification. FMLA paperwork signifies an employee's intention to take FMLA leave, letting employers plan accordingly.
  • Verification. Employers may require certification from a healthcare provider to verify the serious health condition of the employee or their family member. FMLA paperwork helps with this verification process.
  • Clarity. Signing FMLA paperwork ensures that employees and employers both agree on the leave duration, job protection, and other relevant details.

Temporary Total Disability in Ohio

In Ohio, TTD benefits are available through the workers' compensation system. TTD benefits are designed to provide wage replacement to employees who suffer work-related injuries or an illness that prevents them from returning to work temporarily. 

Overlapping FMLA and TTD Benefits

Sometimes, employees who experience a work-related injury or illness may be eligible for both FMLA and TTD benefits. Here's how the two might overlap:

  • Qualifying condition. If, under FMLA guidelines, an employee's work-related injury or illness qualifies as a "serious health condition," they may be eligible for FMLA leave in addition to TTD benefits.
  • Concurrent leave. Employers often want FMLA and TTD to run concurrently. This means that while the employee receives TTD benefits for their work-related condition, their leave is counted against their FMLA entitlement of up to 12 weeks.
  • Job protection. FMLA provides job security during the approved leave, essential for employees recovering from a work-related injury or illness. This means they can return to their position once they're medically cleared.

No Overlap or Double Compensation

Note that FMLA provides job protection but not additional compensation. FMLA is unpaid leave, meaning you may need to rely on other sources of income—such as personal savings or TTD benefits—to cover your living expenses. TTD benefits provide wage replacement. In Ohio, benefits are typically calculated based on a percentage of your average weekly wage. Our skilled Ohio workers' compensation team can determine the amount of compensation you're entitled to for your injury.




James Monast
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Board-Certified Workers’ Compensation Attorney in Columbus, Ohio
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