WC and FMLA all used up

HRCathy

I have an employee that has used up all of her FMLA caring for a family member. She came back to work for a couple of days, and then went out with pain in her hand. She came in today with a worker's comp paper asking me to fill it out. She has carpal tunnel. (She never todl anyone that she was having any problems with her hands)

She does hand deflash on parts, and that is a repetitive movement, however, she hasn't been to work in a month. I'm not sure what to do.

Do I keep holding her job? I feel bad that she is in pain, but how much time do I have to give her? I don't know if the WC will approve this or not, and I don't want it to look like it was retaliatory if I let her go. Any suggestions?

System

I'd suggest taking a look at the Special Report we published on FMLA, ADA & Workers' Comp: Navigating the Treacherous Triangle. The special reports are archived at [url]http://www.hrhero.com/lc/spreports/main.shtml[/url]
just click on the one you need.

Take a look at p. 50 (p. 54 of the pdf), which addresses FMLA and WC: "Workers’ comp laws generally allow an employee to take leave time if a work-related injury makes him temporarily unable to work. During that time, the employee is entitled to receive income benefits, paid from your workers’ comp insurance fund — which essentially qualifies the leave as a form of paid leave."

This seems more like a straight WC issue than FMLA, since her FMLA leave is used up and you therefore can't combine them. What would you do if an employee with no eligibility for FMLA leave got injured? That is probably the answer to your question.

Hope this helps,
Jennifer Alvey
Group Publisher, In-house Counsel and Workers' Comp

LindaS

Report the injury to your WC carrier and let them determine compensability. As for time off work, until a determination is made through WC, I don't think there is much you CAN do except give her the time off IF her physician certifies the need for time off work. You need to look at your state WC regulations relating to whether or not someone off work on WC has job protection.

HR IN AL

I have a couple of thoughts. First, what is your company policy on reporting injuries? If she didn't report it and you have a policy, she must accept company discipline and I would definely give it. From past experience, this may not get you out of paying the claim. Did she follow procedures by using Company doctor? Also, how long has she worked for you? Obviously, longer than a year if she was eligible for FMLA. Just because she hasn't worked in a month's time doesn't mean that she doesn't have carpal tunnel or couldn't have gotten it from her repetitive job. Just because she doesn't have any more FMLA doesn't mean you are not responsible (at least for the moment) to hold her job if it is a Worker's comp claim. I would get an answer from WC quickly and decide from there.
Hope this helps.

mwild31

[font size="1" color="#FF0000"]LAST EDITED ON 09-05-06 AT 04:15PM (CST)[/font][br][br]Hi HRCathy

Carpal tunnel - the most dreaded two words in WC history.

She's used up her FML, so don't worry about that part anymore. Now, focus on notifying your WC carrier and following your WC policies. As far as whether or not the WC will approve is not your worry - they'll either approve or disapprove and then you'll follow through on your end. Let them decide - not you. Don't fire this person right now - she's probably out of any paid time off at this time anyway so keep her until you and the WC carrier have a plan. Most WC carriers will advise you to keep someone in a light duty capacity at work, rather than letting them go & having the employee claim Time Loss & racking up your expense ratio.

HRCathy

Thank you all very much for your input. I called in the WC claim with reservations. The carrier has always been very good, and they will look closely as to whether this is compensable or not. I didn't think about how FMLA and WC would not necessarily run consecutively. I will keep her on and have offered light duty when she is ready. She is the first person in 40 years to have carpal tunnel. And she is the newest employee in that department. Go figure. Thanks again!