Did I error?

BarbG

I have been placing employees with Work Comp claims (the ones who qualify) on FMLA during their Work Comp time off. I just had a Comp Insurance Adjuster ask me why someone would want to burn their FML time up when Work Comp protects their benefits. Well, they probably WOULDN'T want to burn this time, but I do it to give us some control over possible situations where someone would take advantage and have too much time available to stay off work. No one has EVER overtly requested FML, I don't think most of them read the posters or understand it. I process the certifications and other paperwork, of course, and make sure they are eligible. Is this wrong? Do any of you practice this? What is the down side?

Margaret Morford

Many companies run FMLA concurrent with WC. They do it for the reasons you stated above. Just make sure that there's nothing in your state WC laws that prohibits this and that you are notifying the employee in writing that this is being counted as FMLA. The posters will not count as notification.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

njjel

You are right on with your decision. Of course a company can decide NOT to use FMLA for W.C. time, but it should be so stated in policy and the same rule applied to everyone.

SDDCHR

No, you're not wrong for running FMLA concurrent with WC. And I can't think of any downside for doing so unless your state doesn't allow it!

Don D

This points up the fact that comp staff aren't necessarily the wizards we sometimes tend to think they are. Our safety manager tends to live in his own little comp world and cannot assimilate the concept that these leaves are concurrent. He just hasn't gripped it after all these years. Maybe my flip chart presentation with overlapping circles is flawed.

psrcello

We run WC and FMLA concurrently. You mention the question of why anyone would want to burn up their FMLA time when WC protects their job, and that you've never had anyone overtly request FML.

Here's our situation - we have a "no fault" attendance policy wherein employees accumulate points for absences that aren't excused, which WC and FMLA are. It's amazing how many employees work their way right up to the top of the allowable points, then suddenly develop a chronic serious health condition requiring intermittent leave. If the employee has already used up their FMLA allotment concurrently with WC, they're less likely to abuse intermittent leave as a means to circumvent the attendance policy.

Paula