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Employers must make a two-part analysis to determine which laws apply to the situation. Just because an employee qualifies under one law does not mean the employee will automatically qualify under another. To reduce problems, employers should give injured workers notice of their rights under the FMLA if the injury appears to qualify under both statutes. The protected leave provided by the FMLA may run concurrently while an injured worker receives worker's compensation benefits, but only if the employer gives proper notification to an employee before the individual returns to work. Otherwise, the employee retains all FMLA rights for any future problems or a recurrence
of the original injury...
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