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Concurrent FMLA and WC leave

gonealgoneal 24 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
We are a Mississippi employer who qualifies for FMLA. I have an employee who also qualifies for FMLA and has to be out for WC. Does anyone have a form letter that incorporates these two events? I am not sure if I need to add any special language dealing with the WC issue into my initial FMLA letter.

I need help ASAP. Any help will be appreciated.


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  • Don DDon D 9,834 Posts
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    The employee knows they are considered "On Comp", so there's no need or requirement that you advise them of that. FMLA does require notification. I don't use a form letter, as every single situation is different in many respects. Send a certified letter advising of the date they are shown as being on FMLA and state that it will run concurrent with Workers Comp (not that they'll understand, but that's not the purpose anyway). Tell them how many weeks the Act allows maximum. Then you've met the legal requirement of notification and their clock is started. One important caveat to this concurrency is that you cannot require a comp employee to return to restricted (light) duty if you also have him on FMLA, simply because that is forbidden under FMLA regs. That's the only downside I know of to running the two concurrently.
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