WC and FMLA

Johana 1

By company policy our workers comp and FMLA are run concurrently. We have one employee that got hurt back in October. His 12 weeks are coming up and he still off-duty per doctors order. What do we do in that case?

mushroomHR

I have the same situation. Our employee ran out of FML back on October and is still out on WC. I was told there is nothing I can do because it is workers' comp. and we have to keep her on the payroll unless she voluntarily quits, which isn't likely to happen. She is now collecting temporary total benefits and is not scheduled to return to work until March 1.

Balloonman

I have always been under the impression that you can terminate once the 12 weeks is up. However that may impact your claim, but that is life.
My $0.02 worth.
DJ The Balloonman

juju

Once an employee's leave time is exhausted, we term. Their WC case still goes on.

SMace

[font size="1" color="#FF0000"]LAST EDITED ON 01-09-04 AT 02:40PM (CST)[/font][br][br]Balloonman, I never like to term when they are on WC. My theory is they are going to milk the living crap out of it. Have you found that to be true?

We do not term, we just continue to count it as FMLA beyond the twelve weeks and thus it takes longer to earn it back.

System

Once FMLA is up, then you can do whatever AZ WC law allows (unfortunately, I don't know what that is). Also consider if he's disabled under the ADA or state law. Sorry I couldn't be more help.

James Sokolowski
HRhero.com