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If you are eligible for FMLA leave, the ER must notify you, and provide the forms.

FMLA can run concurrently with WC leave, but the dates cannot be back dated, and you must be notified in writing if they/ER intends to run at the same time.

My FMLA expired on August 16, 2013, at which time my employer chose to keep me employed on unpaid medical leave. Both FMLA and COBRA are Federal laws, not state laws.

Specifically the fact that fmla cannot be back dated nor start at all until the employee is notified. I never received any notification about fmla verbally or in writing. Do Employers Have To Tell Employees that FMLA Leave Is Available? Employers must post conspicuously a notice explaining the FMLA’s provisions and how to file complaints of alleged violations with the DOL.However, the employer must do its due diligence before making such a determination to make sure they are not allowing the employee to exhaust the benefits they may be eligible for because of workers' compensation laws.Overlap of FMLA and Workers' Comp The FMLA and workers' compensation provisions can overlap — an employee may suffer a workplace injury or illness that is a “serious health condition” under the FMLA as well.In return for such benefits, workers’ compensation laws generally indicate that employees relinquish their right to sue their employers for work-related injuries.Can My Employer Force Me to Take FMLA for a Work-Related Injury?My question involves labor and employment law for the state of: Florida I was terminated from my job yesterday, 10/09/2013. Upon expiration of FMLA, my employer kept me on unpaid medical leave. My concern here is the date regarding future employment purposes. There might have been an issue with COBRA had you not received notification within the specified time, but since you indicated that you have been on COBRA since September 1, clearly you received the proper notice within the allowable time frame.