Workers Compensatoin vs. FMLA

ccollins

Can an employee in California run FMLA concurrent with a worker comp injury? Company benefits are still being paid, however, I'd like to Cobra him ASAP. In addition, this individual is "sue happy" has contacted a laywer and was advised not to respond to my FMLA paperwork generated shortly after his injury. It has been almost 84 days. Need Help.

System

I always say that if he has a lawyer, you should talk to one, too.
[url]http://www.hrhero.com/findanattorney.shtml[/url]

James Sokolowski
Senior Editor
M. Lee Smith Publishers

bsa

His attorney wants you to make this a test case for time or need to respond to FMLA medical certification. I agree with James, get an attorney's opinion of your next move or ask your w/c carrier for assistance. 84 days is way beyond the 15 days the DOL Form WH-381 says to allow for response.