Time Loss Benefits and Accrued Vacation

Parabeagle

[font size="1" color="#FF0000"]LAST EDITED ON 04-17-03 AT 11:39AM (CST)[/font][p]Couldn't figure out whether to put this into the forums for FMLA or workers' comp or employment law, so I'm putting it here because it touches on all three.

EE rec'd workers' comp injury in Jan 2001 and has never been released to full time unrestricted duty (she's been working light duty since the injury). She is still undergoing therapy. She has now reached a phase of her therapy where she will have to go out on temporary total disability through our work comp insurer and the medical gurus are telling us there is literally no way to tell when she will be able to return to unrestricted service. It could be six months, a year, two years...

My question is, has anyone encountered a situation similar to this? If so, on the EE's last day prior to going out on medical leave, did you pay out any accrued but unused vacation/benefits or require them to take vacation before receiving time loss from the insurer? (which would be required under our FMLA policy).

Leslie

Are you saying she is not going to be able to return to even light duty after this FMLA? I'm assuming she has qualified, hours worked wise, so I would treat this just like you do every other WC/FMLA situation. We require that our employees use their sick time during FMLA and it gets reported to our comp carrier. They figure out the difference. When the 12 weeks are up if the employee is unable to return, we term, file LTD, and pay out their vacation. That and any LTD payout is reported income to our comp carrier and again, they figure out the difference.

Parabeagle

Thanks, Leslie. That's helpful. And no, she will not be able to return to light duty when she begins therapy. It's the fact that she's been on light duty almost the entire time since the injury that, in my opinion, has hindered her recovery. Docs are saying they have no clue as to when they can declare her medically stationary.