Workers Compensation and FMLA

RYA in Buford

In Georgia, does Workers Comp have to be run concurrently with FMLA? If not, can we get an employee released for regular duty (through discussions with the doctor). Further, can the employee then take FMLA after workers' comp has been exhausted.

Thank you.

RYA in Buford.

Brad Forrister

Workers Comp MAY run concurrently with FMLA. If the injury qualifies as a FMLA event (i.e., it meets the serious health condition test), the employer qualifies (i.e., 50+ employees), and the employee qualifies (i.e., worked longer than 12 months), and if you properly start the FMLA clock running, time off for Workers' Comp can count against the FMLA requirement. If you don't start the clock running, the employee can take FMLA after Workers' Comp runs out - if the serious health condition still exists. But if you get the doctor to release the employee, presumably the serious health condition no longer exists.

The intersection of FMLA and Workers' Comp can get very complicated - even more so if you add in the ADA. For more info, you might consult our Special Report, FMLA, ADA, and Workers' Compensation: Navigating the Treacherous Triangle.

Brad Forrister
Director of Publishing
M. Lee Smith Publishers

David Hagaman GA

I agree with Brad's comment. Workers Comp and FMLA run on different planes, but can intersect. Most WC claims will qualify for FMLA leave, but not all. An employee can use up all the employee's FMLA leave and still be entitled to WC benefits and leave; it's just that the employee may not have a guaranteed job after the 12 weeks have expired. The WC claim then continues. The important thing for most employers is to get the employee on the FMLA leave as soon as possible, irrespective of the status of the WC claim or leave. Generally, both will be resolved under their respective rules and regulations. Also, when an employee returns to work following a FMLA leave, then the employee is no longer under FMLA leave, unless for periodic leaves, so FMLA is no longer in the picture.

treyc

Also remember that someone w/ a WC injury who also qualifies for FMLA does NOT have to accept temporary light duty offered by the employer, while they are eligible for FMLA leave, however, they can then be denied WC benefits (indemnity or TPD) for refusing temporary light duty work. t