Workers Comp & FMLA

denisek

We have an employee who was out of work for seven days claiming it was an injury due to work. The Workers Comp. paperwork has been filed. I also gave her FMLA paperwork on the first day to complete, since she said she was unable to work due to the medical condition. We did receive completed FMLA paperwork back. Here is the question, can we run FMLA and Workers Comp. concurrently?? The employee didn't want to use FMLA. She said her husband told her Workers Comp. wouldn't pay if she was on FMLA (even though her FMLA is unpaid and explained this to her) I would like, if the law allows it, to use her FMLA time even if workers comp. pays the claim, so that we can decrease that 12 week period. My understanding at this time is that under Federal FMLA it is fine to run them concurrently, however, Wisconsin has a state FMLA program and that is where I am uncertain.

benefits

I am not familiar with your state, but in Florida, we run FMLA and WC at the same time.