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Worker's Comp &FMLA

holen16holen16 1 Post
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
We have an employee who fell in a classroom and fractured a leg in 2 places. The question is:

Since workers compensation will protect the employee’s rights to return to the job, wages, etc., may we also be insistent that FMLA also be used in conjunction with the extended absence? It certainly would be in our best interest for the time off to run concurrently.




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  • Don DDon D 9,834 Posts
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    Workers' Comp is a job protection statute in your state? In mine it isn't and the worker would have no such automatic protection. But, yes, unless your state also has some sort of prohibition against the concurrent running of the programs, it is always wise to run them that way. But, it's important that your policy state that and you not simply apply this out of thin air. If your policy does not clearly state it, you'd be wise to advise him in writing on day one that they are being run concurrently and have him fill out the necessary paperwork, of course. If he won't, put him on FMLA anyway and advise him you have.
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