Forums

FMLA and Workers Comp
Benefits & Compensation
FMLA and Workers Comp
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
Hi All: I would appreciate any feedback on the following: Employee in Delaware state has been out of work for 10-weeks (FMLA and workers comp). Doctor released him to light duty, he reported to
0
Cat:Topic ForumsForum:ForumId52
Cat:Topic ForumsForum:ForumId52Discussion:DiscussionId36620

Forums » Topic Forums » Benefits & Compensation » FMLA and Workers Comp

You must be logged in to contribute. Log in | Register
 
Forums  »  Topic Forums  »  Benefits & Compensation  »  FMLA and Workers Comp

FMLA and Workers Comp

posted at 7/13/2010 2:24 AM EDT
Posts: 7
First: 4/2/2007
Last: 7/13/2010
Hi All:

I would appreciate any feedback on the following:

Employee in Delaware state has been out of work for 10-weeks (FMLA and workers comp). Doctor released him to light duty, he reported to work today and we attempted to have him do light janitorial work. He was asked to leave after about 1 hour because he kept complaining he couldn't do the work, his hand hurt too much (workers comp injury). His next doctor appointment is not for another month, and his FMLA leave only has 2 weeks remaining.

Can I let him know that his FMLA leave is about to expire, grant an additional 2 weeks of non-FMLA medical leave, and if he still is not able to return to work terminate his employment. Of course, he would be offered the option of reapplying when he was capable of full duty.

Thanks,
Ann
New post Reply to this post

FMLA and Workers Comp

posted at 7/13/2010 4:31 AM EDT
Posts: 562
First: 11/12/2009
Last: 9/14/2011
This will depend on what Delaware state law is regarding worker's compensation.

If you have a WC carrier, you should direct your question to them. Advice on handling claims is one of things you're paying them for.

That said, WC leave isn't dependent on FMLA. Most states require that the employer return the employee to the same or a similar position upon release to work. There is typically no time limit on that - if the employee can't ever return, then a common approach is for the carrier to negotiate a settlement.

Termination of an employee while out on WC leave is never a good idea - in most states this is a public policy exception to "employment at will".
New post Reply to this post

Forums » Topic Forums » Benefits & Compensation » FMLA and Workers Comp

Daily Q&A

How to Address Flagging Motivation?

How do I increase motivation levels in the department? How do I brand my business unit as an attractive place to work? I have top-notch IT professionals in my business unit who feel they are "children of a lesser God" because they are non-billable resources and do not get plum postings abroad, nor the glamour that goes with them. As a result, their motivation suffers.

—-- Feeling Their Pain, human resources generalist, software/services, Mumbai, India

Read Answer

Stay Connected

Join our community for unlimited access to the latest tips, news and information in the HR world.

  • Workforce Technology (Bi-weekly)

    Covering the latest technology trends, tools and applications that are shaping the workforce in the 21st century. Delivered the 2nd & 4th Thursday of each month.

  • Dear Workforce (Bi-weekly)

    See what HR professionals are asking, and what Workforce Management experts are saying. Delivered the 1st and 3rd Thursday of each month.

  • Workforce Benefits (Weekly)

    Stay current on all aspects of employee benefits, from health care to retirement issues. Delivered on Wednesdays.

  • Workforce Week (Weekly)

    Free weekly update on the trends in HR and new tools added to Workforce.com. Delivered each Tuesday.

  • Workforce Talent (Monthly)

    See the recruiting, talent development and retention strategies of top companies and get the resources for effective talent management. Delivered the 2nd Monday of each month.

  • Workforce Training (Monthly)

    Stay current on the latest strategies and resources for training and developing your workforce talent. Delivered the 3rd Monday of each month.

HR Jobs

View All Job Listings

Search