FMLA

A FML letter was issued to an employee with a W/C injury. The EE obtained a light duty work release, worked two days and was sent home by the employer cause the restrictions could no longer be met. Does FML continue on as though the two work days did not occur? Or, does the FML restate on the day he was sent home?

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  • We always run FMLA and comp absences in tandem. In your case, he would be charged with FMLA for any work absence, but not the two light duty days. As soon as he was sent home, his FMLA clock starts ticking again. In this state, once FMLA is exhausted, a comp employee can be terminated regardless of comp. Don't know about your state.

    I see your point about 'Mean Safety' since I wear that hat too. Employees tend to view 'safety' as a nuisance, the police, someone to punish and make life harder. I tell maintenance guys frequently, "I'm not trying to complicate your life, I'm trying to save it."



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