Workers Comp and FMLA

Good afternoon all,

A few years back I learned that if someone is on workers comp, their employment is protected beyond the expiration of their FMLA entitlement, so I've ignored FMLA in those cases, beyond the notification of eligibility, and tracking their time off.

Should I be notifying those employees at the end of their 12 weeks and follow our written policy that states anything beyond 12 weeks would require a written request for unpaid leave of absence and they pay their own health insurance premiums?

I've only been doing that for non-workers comp cases.

I appreciate your responses!


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