Another WC FMLA situation

KarenTN

Employee has been out on WC for almost one year. At the time he was injured, company policy did not require concurrent FMLA. Policy has been revised. However, he was not placed on FMLA during his WC time off. We expect to terminate him at one year (policy states no leaves will extend beyond one year). Since he has not worked 1250 hours in the last year, is he entitled to any FMLA consideration? Thanks for your responses.

Don D

I think not. If he were to remain employed under your policies and have another comp incident, your new policy would require that he be concurrently on comp and FMLA. The law did not intend, and I think a court would so rule, that an individual get more time off than that required under the act (12 weeks) and I do not think a court would find that you must now place him on FMLA just because the policy changed on concurrent leaves. I would terminate in accordance with your written policy. He's already gotten what the FMLA intended that he get, even though it was not specifically so designated. But, an attorney's opinion is needed.