FMLA - Workers' Comp Question

HR In NH

[font size="1" color="#FF0000"]LAST EDITED ON 10-13-06 AT 12:54PM (CST)[/font][br][br]I know we can count workers' comp absences towards FMLA, if it's considered a serious health condition.

I'd like to tighten up our FMLA policy and I'm wondering...can we count an employee's absence to FMLA if the person is released to return to work, but we are unable to accomodate his/her work restrictions?

We are a manufacturer and our work is very physical, so at times, we do not have work available to meet someone's restrictions, specifically weight restrictions under 5lbs or only use of one arm.

I'm thinking, since the person is released to return to work, but it's our fault that we can not accomodate them, then we cannot count their absence towards FMLA.

Any thoughts?

marc

This kind of release is a limited or light duty release. You are not able to return them to their original job because they are NOT released for that. Seems to me that this would still be FML if that is the case.

Whirlwind

I would defnitely count this type of absence toward FMLA. And have done so.

LindaS

Ditto to the above post. I have and will continue to, designate this type of absence as FMLA.

dbutton111

Yes, it is still FMLA. And to continue along the same line . . . if you did have a light duty program and could bring this person back on board in a limited capacity, but he/she refused, their time away could still be considered FMLA. Because FMLA states that they must be returned to the same or similar job. Light duty wouldn't be same or similar.

Now, the employee would probably be taking that time off with no pay (WC will stop paying if you have a job available he can do). Most ee's don't want time off without pay if they can help it.