W/C and FMLA

Rich Davis

Although a HR Hero member for a few years, this is the first time I have been in the Employers Forum, so excuse my question if it has been covered recently. My organization changed our FMLA policy at the first of the year from consecutive with accrued leave to concurrent with accrued leave. As HR Director, I am a little uncomfortable with our application of concurrent use of FMLA with Work Comp time. I understand it is within the guidelines as a serious health condition, but I guess my 'touchy/feely' side is leaning toward excluding W/C injuries since, techically, my organization caused the injury. My question is how many folks out there with a concurrent FMLA policy apply it to Work Comp time off? I am just trying to gauge the norm in the workplace. By the way, my organization is a local County government, if that makes any difference. Thanks for the help.

Rich D.

Irie

The company I work for is a small manufacturing company (200 employees) and we run WC and FMLA concurrently. We however never terminate anyone if they run out of FMLA but only use it for the employee's protection for our point-based attendance policy. It is also a matter of public policy in Ohio to not terminate someone who is on a leave of absence for a workers' compensation injury.

My husband works for a very, very large public company and they run their WC and FMLA concurrently. I know this because he is off for a WC injury and FMLA has been designated by the company.

I urge you to check with your state about this subject as well as your corporate counsel. Different states have different rules.

NaeNae55

We would run it concurrently as we wouldn't want to set a precedence that we might regret. Then if an employee needed more time later in the year we would look at the specifics of the case.

For example, if an employee was playing around and jumped up on a chair and fell and hurt themselves, we might be less likely to give them non-fmla leave later in the year.

If an employee was doing their job and following procedures and was hurt and then later wanted to take leave to bond with a child, we would most likely agree and give them non-fmla leave.

Also, keep in mind that not all fmla leave will be used every time, and not every employee who uses it will want more time later in the year.

Having said that, I admit we run the risk of setting a precedent by occassionally allowing employees additional time later. The truth is, however, that we set it long before fmla existed. We let employees have extra time off on occassion, as long as we feel the situation warrants it and it doesn't create any discrimination.


Good luck!


Nae

HRQ

We run them concurrently. Regardless of who's "at fault" for the Leave being necessary in the first place, you have to be able to reasonably plan for an absence and possibly replacing someone.

Assigning the 12 week limit helps you take some control of your staffing situation. It also helps prevent the perception that someone was termed in retaliation for the injury, instead they are termed because they exhausted their FMLA.

We do allow employees to apply for an extension to their 12 week FMLA and we take into consideration their pre-Leave performance, whether or not they followed "the rules" while on Leave (keeping in touch regularly, contacting us at least 15 days before expiration, making regular payments on voluntary insurance, etc) before making a decision.

When we do terminate for exhausting their Leave, I let them know they are welcome to apply for re-employment when they are able. Just letting them know they are welcome back, should we have a position available, (um, we ALWAYS have positions available) seems to make them feel better.

davids

[font size="1" color="#FF0000"]LAST EDITED ON 06-28-06 AT 03:59PM (CST)[/font][br][br]I work for a city government and we run FMLA and WC concurrently. As noted by others, irrespective of the cause of the medical condition, if it is an FMLA-qualifying event, it is in the employer's interest to designate the leave as FMLA.

WO

This county government also runs WC and FMLA concurrently. Any FMLA eligible event is required as FMLA and run concurrent with any applicable leave.

DB

I work for city government and we run FMLA and WC concurrently. Employees can continue WC after the 12 weeks if needed.