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Extent of Leave?
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Extent of Leave?
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
An employee filed a WC claim in MI, which has been denied pending receipt of further documentation. The employee then requested to revise the claim after seeking advice from other physicians (Go
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Forums » Topic Forums » Legal Forum » Extent of Leave?
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Extent of Leave?
posted at 1/19/2012 4:38 PM EST
on Workforce Management
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Posts: 3
First: 10/4/2011 Last: 1/20/2012 |
An employee filed a WC claim in MI, which has been denied pending receipt of further documentation. The employee then requested to revise the claim after seeking advice from other physicians (Goin fishin), which was also denied pending receipt of further documentation. The employee submitted a doctor's note requesting temporary leave for an unknown period of time, and is filing a STD claim (100% employee paid, payroll-deducted, but managed by a third party). IF the employee is approved for STD, must we allow job-protected leave for the entire time they are receiving STD benefits, or can we cap them at 12-wk FMLA if eligible? Any and all insight is greatly appreciated! |
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Re: Extent of Leave?
posted at 1/19/2012 6:33 PM EST
on Workforce Management
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Posts: 222
First: 9/29/2011 Last: 5/15/2013 |
Legally protected leave and STD are two different things. STD only provides a certain amount of pay for the period for which considered disabled. I think you would be well advised to have the employee complete an FMLA application along with doctor's certification. If a doctor does sign off on it, then put the employee on FMLA. How the employee gets income is then up to the STD company or, if reconsidered, the WC carrier. Unless there's a more generous FMLA law in Michigan, you are only required to protect the employee's job for as long as he/she is on FMLA. Unless there's an ADA condition (unlikely from the sound of it) or a WC ruling in favor of the employee, you'd be free to terminate the employment relationship. You are not required to retain the employee for the period of STD should it go past the FMLA period.
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