FMLA entitlement will run concurrently with a workers' compensation absence when the injury or illness is one that meets the criteria for a serious health condition. However, "light" or restricted duty assignments may be substituted for an employee's regular job if approved by the health care provider and if the University has suitable assignments available. An employee has the right to decline the restricted duty assignment; however, in that case the employee may no longer be eligible for workers' compensation payments.
A department must provide leave under whichever statute (FMLA or ADA) provides the greater rights to employees. Departments are encouraged to consult with the Office of Compliance and Equity Management and/or the Disabilities Service Coordinator to determine the rights to be afforded individuals in these circumstances.