Overlapping FMLA with WC Claim

CPK · September 2007

We are thinking of running FMLA concurrent with Workers Compensation Claims involving lost time. What are some of the positives and negatives you have experienced in this realm? Thank you for sharing your experience and knowledge.

NeedCoffee · September 2007

We run ours concurrently. Most WC claims involving lost time often qualify as serious health conditions under FMLA due to the recurring treatment regimen. The main reason we run them concurrently is simply for the ease of tracking. The only time this becomes burdensome is when dealing with a WC claim where the employee returns to work light duty with a reduced work schedule - then, in some cases, the ee must also be put on intermittent FMLA.

I would say that the majority of the time, it is simply easier to run the two concurrently, and it helps to "limit" the amount of leave taken for an injury/illness. Employees are notified upon being hired that FMLA runs concurrently with other qualifying leave.

joannie · September 2007

We also run concurrently for the same reasons Needcoffee stated. However, we do require our ee's to use vacation concurrently with FMLA, but not with comp. This confuses our supervisors, regardless of the amount of training we provide, so having to straighten that issue out is the biggest detriment.

dlail · September 2007

Our policy re FMLA states WC and FML run concurrently. Policy also explains the application of vacation time is optional for 1st two weeks. At week 3, FML, available vacation time is applied. FML is unpaid, EEs have STD if purchased thru S125, company provides LTD @ 90 days.

SMace · September 2007

Someone may have said this, but the only problem would deal with restricted duty. They can refuse restricted duty and "use" FMLA. If they do that, they would not get paid WC. SO few make the choice, but it can happen.

lnelson · September 2007

SMace -
I have an ee who is on FML and has a WC claim. The doctor put him on modified duty which we can accomodate but the ee has determined that he is unable to do the job, he is stating the job is not following the restrictions. We are disputing this, would the WC carrier still pay for his temp disability?
I have spoken to our carrier about it and they said he would not be paid Temp Dis but I have not received anything to confirm this so I have not paid out his accrued vacation yet. I am waiting to hear back from WC carrier.

SMace · September 2007

I would hold his pay, send the restricted duty JD to the doctor and let the doc make the decision. You don't want to get into the business of deciding what restrictions an ee can meet. If the doc says he can work, and he says he can't don't pay him.

Beverlee · October 2007

Our policy- clearly states FMLA will run concurrent with any lost time WC injury. We also have light/restricted duties that if an ee refuses, our WC does not pay temp. disability.

I would send ee a notice stating the day you expect him to RTW, the duties abiding by the docs restrictions, and if he doesn't show, notify your WC carrier. They in turn, should send ee notice suspending TTD payments.

At least- that is how it has worked for me.

Overlapping FMLA with WC Claim

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