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Worker compensation and FMLA
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Worker compensation and FMLA
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
When an employee is placed on TTD and HR finds outs later about it (diff dept handles leaves and WC), can HR send letter of FMLA notification with a retroactive start date. Eg. TTD started 9/30. Hr fi
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Worker compensation and FMLA
posted at 10/15/2009 8:51 AM EDT
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Posts: 15
First: 9/2/2009 Last: 12/16/2009 |
When an employee is placed on TTD and HR finds outs later about it (diff dept handles leaves and WC), can HR send letter of FMLA notification with a retroactive start date. Eg. TTD started 9/30. Hr finds out 10/14. Should FMLA start 10/14 (when letter is sent out) or can it start retroacively from 9/30. |
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Worker compensation and FMLA
posted at 10/15/2009 9:12 AM EDT
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
Recent changes to the law allow for this. The regulations now provide that employers retroactively can designate leave as FMLA
leave, unless the employee can demonstrate harm or injury in the failure to designate leave in a timely manner. Employers may be liable for lost compensation and other monetary losses if the employee is harmed by the retroactive designation. |
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