FMLA / WC / SUSPENSION

rclunan

Our company policy states that any employee involved in a work related incident must have a post-accident drug test. If that test comes back positive, the employee will be suspended for a maximum of 30 days or until a negative drug test is presented.
We have an employee who injured his wrist. His work restrictions were: no right handed work. We couldn't accommodate this restriction, therefore he is off work. Several days later, we were notified that his post-accident drug test was positive. According to company policy, he was suspended for a maximum of 30 days.
FMLA runs concurrently with WC. My question, does FMLA still run while he is on suspension?
Thanks for your input!

Gar

I suspect that the FMLA clock would still run while he is out on suspension because, as your ploicy indicates, it runs concurrently with WC. Moreover, he's still an employee. I'd simply continue not to pay him for the 30-day suspension period.