Help Workers Comp Issue!

maryfmurray

I've been informed that an employee was in a car accident hitting two elderly people, these people were in a car also, not pedestrians as I thought originally.

My question to all. Should I be sending FMLA paperwork to this employee while she is on WC? We do not have a policy stating WC should run concurrently with FMLA, not that I would want it any other way. I've been looking over the agency's policies and trying to update as I gain more experience in my new found position. Does anyone have a policy or wording that you use showing
if an employee is eligible for family and medical leave due to the employee's personal health condition, the employee will have his or her workers' compensation benefits run concurrently with the FMLA.

Thanks for your input.

cthr

Unpaid Leave

Family/medical leave is unpaid leave, although you may be eligible for short and long-term disability payments and/or workers’ compensation benefits under those insurance plans. Paid leave may be used, and runs concurrently with, family/medical leave. Upon completion of a leave granted under this policy, you shall be reinstated to your original position or an equivalent position. If due to your own medical circumstances, you are no longer able to perform your original job, we will attempt to transfer you to alternate suitable work, if available.

Don D

Yes, unless your state law specifically prohibits it, FMLA can and usually does run concurrent with workers' comp. The pay issue isn't the determinant. It's an employer's option; but, your written policy should specifically address this. One reason to have this, perhaps the best reason, is to cause the ee to burn his/her FMLA as soon and quickly as possible and not 'stack' leaves, one after the other.