The workers’ compensation attorneys with Althauser Rayan Abbarno were recently asked whether an injured worker receiving benefits from the Department of Labor and Industries as part of their workers’ compensation claim are eligible for Paid Family and Medical Leave Act (PFMLA) benefits.

The answer is no.

According to RCW 50A.15.100, Unemployment compensation, industrial insurance, and disability insurance laws:

(1) Leave from employment under this title is in addition to leave from employment during which benefits are paid or are payable under Title 51 RCW or other applicable federal or state industrial insurance laws.

(2) An employee is disqualified from receiving family or medical leave benefits under this title for any week in which the employee is receiving, has received, or will receive compensation, as determined by the governing state or federal agency under:

(a) Title 50 RCW (Unemployment Compensation);

(b) RCW 51.32.060 (Permanent Total Disability Compensation/Pension);

(c) RCW 51.32.090 (Temporary Total Disability/Time Loss Benefits/Loss of Earning Power/Kept on Salary); or

(d) Any other applicable federal unemployment compensation, industrial insurance, or disability insurance laws.

Your Washington State Attorneys

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