FML & Workers' Comp

seeleyhr

Had an employee who came in on Monday complaining that he hurt his knee the previous week. I am handling this fine with regard to BWC but wanted to see if anyone can assist me on the FML end. My old boss use to argue that couldn't do both at same time but I had told him that seminars I went to said they can be concurrent. Employee will be out for at least 10 days. I am going to notify him that this is also FML but before I do wanted some feedback from others who may have run into this situation also.

Appreciate all the help everyone gives.

LindaE

Yes, FML and WC can run concurrent.

sonny

We run it concurrently and I thik you will find that most forumites do as well.

seeleyhr

I was pretty sure of this. Now that my former boss is not here, I want to make sure this is done correctly.

Don D

Given a choice, you should always run the time concurrently. The only drawback that I am aware of is that with WC, you can require that the employee return to work on restricted duty; whereas, FMLA prohibits that.

LindaS

Don -

You are correct about the drawback but if the EE is able to return to restricted duty and you have work for him/her and they elect to stay off work, their TTD benefit payments stop and you do not continue to incur additional costs.

seeleyhr

We brought an employee back from a worker's comp claim on light duty and then he stated he injured another part of his body doing a simple task. Need to be very careful with light duty. Happened in 2001 and we will eat it till 2006. He has run up megabills and now psycological as well.

mwild31

Just one thing - what does your policy say? I would add it to my Return to Work Policy as well as the FMLA policy - so it applies to all, before I started doing it.