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FMLA vs. WC
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FMLA vs. WC
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We have an employee who submitted a doctor's note releasing her from work until 7/1/99 at which point a surgery date will be set for a back injury she is claiming is from work. We have no paperwork fr
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FMLA vs. WC
posted at 6/22/1999 3:49 AM EDT
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Posts: 27
First: 6/15/1999 Last: 1/30/2006 |
We have an employee who submitted a doctor's note releasing her from work until 7/1/99 at which point a surgery date will be set for a back injury she is claiming is from work. We have no paperwork from the state and we will be protesting claim once received. Questions: Does this need to be submitted as FMLA until we receive state notice on the claim, or must it remain as an L&I claim until futher notice or do we even need to keep her on staff?? Thank you for the help! |
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FMLA vs. WC
posted at 6/22/1999 6:43 AM EDT
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Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
The employee gets the benefit of withever laws apply, or the most generous benefits of both. In your case, the FMLA has been triggered with the notification of a serious health condition; acceptance of the claim has no bearing on the employee's rights under the Act as long as the employee, the employer, and the situation are covered under the Act. You must submit it as both a work related injury claim AND a situation covered under the FMLA.
If the claim is accepted as comp., the employee will receive the benefits of both concurrently. ..and just in case you aren't frustrated enough, the employee may return with limitations, and could be regarded as having a disability, in which case, the employee will be covered also by the ADA, and you'll have to discuss accomodations if necessary. |
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FMLA vs. WC
posted at 6/22/1999 5:25 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
As we have noted before, whenever dealing with an employee with a medical condition, an employer would be wise to consider all of the "sources of law" which might give that employee job protection. An employer must comply with all of the laws -- like it or not.
(a) Workers compensation -- some state workers compensation statutes give employees the right to return to the same job upon completion of the workers compensation injury; (b) Disability insurance -- whether short or long term, an employee may have a claim under your policy, a sort of salary continuation; (c) FMLA -- 12 weeks of unpaid leave for a serious medical condition, the right to continue to participate in group health plans on the same terms as other employees, the right to return to the same position or a substantially equivalent position upon completion of the leave; (d) CBA -- any rights an employee may have under the collective-bargaining agreement in place between the employer and a union (if any); (e) ADA -- the right to a reasonable accommodation (which may be a short term unpaid leave of absence) if the medical condition amounts to a disability; (f) Employment Agreements or Policies -- any rights the employee may have under an employment agreement, including employer policies that might amount to employment agreements under state law. That should keep you busy enough. By the time we all work these issues out, Congress should have passed another law to keep us busy. |
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