Disabled Employee
SHAROND
2 Posts
We have a claims payor who injured her shoulder in a car accident that was not her fault, eight weeks ago. This occurred on a Friday night. She went to the emergency room that evening. She came to work on Monday and worked all day. She went back to the emergency room that night complaining of pain. She has been off work ever since. We have found out she is suing the driver of the other car. We are not subject to FMLA since we only have 43 employees. We have a 6-week paid medical leave. She was also receiving disability payment from her auto insurance. I made her take her remaining vacation and sick time as part of her 6 week paid medical leave. And I deducted from her pay the disability payments she was receiving from her auto insurance. She did not have surgery, she in only going through physical therapy. She is now required to be off for 4 more weeks. She went on vacation from Pittsburgh to Las Vegas for one week during the 7th week. But she can't come back to an office job. We have said several times she can come back and answer phone (with a headset even)and do filing. We have not even seen an excuse from her doctor. Can we fire her. Can we keep her as an employee to delay unemployment benefits to her, then fire her after her first day back? Her attorney threatened to sue for the wages we withheld from her 6 week medical leave. Are we obligated to continue her medical benefits if she is still an employee but not working? Can we subrogate for the wages we paid her on the 6 week paid leave if she gets a settlement from her lawsuit? HELP!
Comments
I've had employees in similar situations. Any money paid to our employees is not determined by payments from any outside insurance payments they recieve. And we have NEVER requested reimbursement from an employee's settlement for money paid out on medical leave. We have given employees advances (loans) to carry them through while they were out of work and made arrangements for repayment when they returned. We do not discontinue an employees health insurance or any other benefits while they are out on medical leave (employees who haven't qualified for FMLA). Also, whether or not an employee goes on vacation while out on medical leave doesn't automatically mean they don't need the medical leave. We had an employee go to Florida while out on leave but the fact was because of his injury he couldn't perform the basic functions of his job and he could fly and recuperate on the beach. As long as he wasn't working another job while out on leave from our company, he was free to go wherver he chose. I agree with Mike too when he said only her doctor can determine if light duty is appropriate and what type of light duty she's able to do. If you hadn't recieved any doctor's note saying she needed to be on leave then why did you approve the medical leave in the first place and then let the six weeks go by without requiring one?
You didn't mention if this is a new employee or a long term employee, a valued employee, etc. You also mentioned that your not an HR professional. I'd strongly suggest think about hiring one if you haven't already. Anyways, I've rambled on much too long. But I am curious as to how this turned out for you.
Kathie