Can I use FMLA in conjunction with Worker's Comp?
Mooney
10 Posts
I have a person who is out on Worker's Comp. and has been out since November of 2001. I was told I can put them on FMLA and when their time runs out I can terminate them? Is this true? PLEASE HELP?
Comments
Yes. ADA,Comp and FMLA can all three run concurrently. Unless you have a union contract that might require seniority rights up to a certain number of months, you may be able to terminate after exhaustion of FMLA. Remember that you cannot backdate his FMLA start date unless it was conditionally approved back then pending medical or other documentation. You should right now put him on FMLA with the required paperwork and notice to him of that fact with a stop date 12 weeks hence. We just terminated an FMLA guy after he exhausted the time. This guy was put on FMLA back in October. His time exhausted in January and he was still not able to return, or so he said. He advised me he was seeing a psychiatrist. The clincher for us was that even though I wrote him two times advising that we require from him 30 day medical updates on treatment plan and advice on whether or not he can return with or without limitations, he never once complied. Our attorney approved termination. So, he was no longer FMLA and had failed to do what was required to advance ADA coverage. And, its important to note that I made no assumptions about a disability so don't anybody out there suggest that he was perceived to have been this or that. It was a tenuous situation and still may be aggrieved; but, we feel safe with it. We are also union and the normal, routine grievance was filed by the Union, answered negatively by the company and never again elevated or appealed. The Union is no doubt sharp enough to realize that if they succeed in getting this guy back, they may have their own 'negligence' issues if he then were to crack somebody's head open. When a union fails to advance a denied grievance, that sends a clear message! Run this by your comp carrier also to get their view on the possible negative issues that may follow termination.