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Another FMLA question
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Another FMLA question
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Onto another situation: We have an employee who was off of work for a work related injury.  He then came back, reduced hours due to injury and is now off again.  I missed this one and N
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Another FMLA question

posted at 10/28/2011 3:31 PM EDT on Workforce Management
Posts: 3
First: 9/21/2011
Last: 10/28/2011
Onto another situation:
We have an employee who was off of work for a work related injury.  He then came back, reduced hours due to injury and is now off again.  I missed this one and NEVER applied it to FMLA.  How far back can I go to classify this FMLA leave?  I need to send out a letter, but don't know how far back I can classify.

Please advise.
Thanks
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Re: Another FMLA question

posted at 11/2/2011 10:39 AM EDT on Workforce Management
Posts: 147
First: 9/21/2011
Last: 2/12/2013
You need to check into the Ragsdale court decision. Obviously you should have enough to certify the leave becuase you have WC doctors reports and claims.  And some would argue that in the end as long as the employee got 12 weeks of protection, that is enough.

However, many employers knowing it was their responsibility and their mistake, would start the time going forward.

Plus with a work-related injury you also have state WC laws coming into play. Many states do not allow for (retaliatory) termination due to a work-related injury so WC ends up protecting the employee more than FMLA would anyway. However FMLA would come into effect for benefits protection.  For example at 12 weeks, you could move the employee to COBRA. However, that too will probably effect the WC/wage claims.....

You may actually get a bit lucky in this being a WC situation.

But I would look into your processes and figure out why it took so long for FMLA to pop up.
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