FMLA/Workers Comp

regdunlop

can FMLA and workers' comp run concurrently or do we have to wait for one to end before the clock starts ticking on the other?

HRforME

It is recommended that they run concurrently to protect the employer and the employee.  If you wait until the end of WC, then the employer could be taking the hit of an employee being out another 12 weeks.  Plus the 12 weeks does give the employee the job and benefit protection that WC may or may not provide (different states allow for different levels of WC job protection). 

 

fnord72

If the employee is eligible for FMLA, you must apply it, even if it is concurrent with WC.  Suppose you live in one of those states where the WC laws do not protect employment, if you were to terminated the employee due to absence and inability to work under WC, the employee would have the right to sue for FMLA violation because they were eligible for FMLA, but not offered it.

cjstoner1

If you normally require employees who are eligible for FMLA to use any earned, unused paid time (sick, vacation, personnel, STD bank) while out on FMLA; remember if you run their FMLA concurrently with their Work Comp lost time - you cannot require them to use their paid time, while they are receiving indemnity (lost time) payments.  If they ask for it, no problem, but if they don't want to use it, you can't require them too.