Worker's Compensation and FMLA

I have recently been hired as a HRD. Previously, in the efforts to administer the FMLA policy in conjunction with Worker's Comp, they have been placing all employees on Worker's Comp on FMLA, including those who are on light duty. I am not sure how anyone could be required to take leave when they are at work. Have you heard of such a thing? How do I begin to get out of the whole that is been dugged?

Comments

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  • If an employee is cleared by WC to come back to light duty but not the same or equivilant position, the employee can decline the light duty assignment and take any remaining unpaid FMLA leave. They would lose WC payments, though.
    See code 825.207,825.210,825.216 for more.
    You need to revamp the FMLA policy, for sure!

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