Intermittent leave legally required??
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I have been researching and have found differing opinions. I would appreciate yours! Here's the story: EE fell down in Oct. Was released to work with no restrictions. In Jan. he complains of neck pain. Supervisor sends him home, tells him to go to the Dr. I send out FMLA paperwork (he's my malingerer) and he returns it. Now he knows that I am running his FMLA concurrent with his Worker's Comp. Here's the rub. He wanted to return to work half time the first week in March. We said, "ok". All he did all week was tell the supervisor how much pain he was in and how much pain medication he had to take at the end of the day. We met with him on Mar.5 and told him that we wanted him to go home, see his Dr. and bring another release to work. He called today to say that he could return to work half-time effective yesterday. (That's my kinda guy). Do we have to grant his request for a reduced work schedule since he's out due to his own serious health condition? I'm getting differing views...thanks!
Comments
And yes, it is a work-related injury. The Worker's comp carrier says it is a serious condition. He broke a vertabra in his neck.
Unless of course you have modified work that will not cause more injury to the ee.
Does the ee have to wear a neck brace? Does he need to bend, stand, pick up things, twist or stretch? If yes to any of these questions keep him off work.
Normally I agree that an ee should be put back to work in any capacity but from the sound of this ee's injury I would not chance the possibility for further injury.
The poster stated a broken vertabre in the neck.
What modified duty would you request?
Lisa
Well, I think I've found the answer to my original question. When the ee called me and said he wanted to return half-time, I was looking through my research materials and found the sentence that said that ees' are entitled to reduced work hours/intermittent leave to care for their own serious health condition or for a qualifying family member. Before I thought the ee and employer had to agree to the intermittent or reduced work week. I called the attorney again and he agreed with this opinion.
Thanks for your advice!