FMLA & Workman's Compensation

Does anyone have any insight for me on running FMLA concurrent with workman's compensation?

Also, what about an employer's liability on paying health insurance for an employee who is off on workman's compensation? (other than the 12 wks that would be allowed under FMLA if run concurrently) is there any law I should be aware of? As far as I know Work comp does not regulate health insurance. Thanks!


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  • If their work injury meets FMLA definitions, then definitely start their FMLA clock as soon as possible. I believe other states may be different, but in PA there is no work comp requirement to hold a job for a person, so you can terminate after FMLA leave. Remember that you'll be on the hook for lost wages until the person is released.
  • Most recordable (OSHA) work comp injuries involving medical treatment should qualify for FMLA. We make it automatic. One caution about terminating employees after the 12 weeks. If you are fully insured for work comp, your carrier will be liable for additional cost due to extended TTD, and possibly higher PPD, due to lack of having a job. This also seems to lengthen their period of recuperation, due to attitudes - theirs and the treating physician. It is a double edged sword.
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