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Workers Comp and FMLA

mkerkermkerker 8 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
We have an employee that recently went out (for what looks like an extended period of time)on a workers comp claim. Our FMLA policy states that time off for workers comp runs in conjuction with FLMA. Are there any additonal rules or regulations I need to be aware of in this situation?
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  • 2 Comments sorted by Votes Date Added
  • marcmarc 3,126 Posts
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    There may be specific WC rules in your state that require you to hold the job open for longer than the 12 weeks called for under FML.
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  • HR In NHHR In NH 64 Posts
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    We have a similiar issue...I have an employee out on WC, who just exhausted his FMLA time. However, he is looking at another 4-6 months absences before he can return (plus, his motivation level is questionable).

    I'm going to look into this further, but right now, I'm considering terminating him. I know WC in NH requires reinstatement within 18 months of the date injury if 1)employee requests reinstatement, 2)the position exists and 3) the employee is able to perform the functions of the job with or with/out reasonable accomodation.

    Note that the position has to exist, but it does not have to be open..which means you have to bump whoever is in the job currently, to allow the WC employee to return. I haven't had this come up yet...but I'm sure it will some day.
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