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Worker's Comp and Accured Leave

intabiintabi 5 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
Help! Thanks to this Forum, I realize that our organization needs to make changes to our WC policy. As I write, our employees are allowed to draw down their sick leave and keep their WC checks ( if the WC check is turned back to the organization only 1/3 of their leave is tagged). Unless I missed the boat, I understand that most employers do not issue any type of check to an employee while on WC, right?

I had suspected some time ago that we were allowing double dipping but the powers that be did not agree. We now have a change in management and I need some suggestions on how our WC should read. Our FMLA leave policy requires that the employee take accured paid leave along with FMLA. How will that work when I need to have the employee on FMLA and WC concurrently?

Thanks in advance.
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  • afenderafender 12 Posts
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    Each State has their own laws surrounding work comp so check there first. At our company, we require the employee to use accrued, paid leave, even in a W/C FMLA situation, and we notify our work comp carrier to let them know how many days our company has paid the employee for. They pick up benefits after that.

    Our PTO policy states that PTO benefits are accrued for actively working employees. In effect, any employee not actively working does not accrue any vacation/sick time until they return to work.

    Again, check your state laws to ensure compliance before implementing anything.

    Hope this helps!

    afender
    Texas
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