Forced FMLA While on Comp

[torn_rct]

I'm asking this for a fellow employee...

We work for a local municipality with 100+ employees. One of my fellow employees injured his back while at work. He is presently off work TTD and receiving NY Worker's Comp. He will probably be off work for at least another six (6) weeks.

Last week he received a letter from our employer stating the following: As you requested, we are putting you on FMLA leave.

1) The employee never requested FMLA.

2) Can an employer do this even though this is not, in our opinion, a serious health condition?

3) Our union is looking into this. If we leave this alone, what are the advantages/disadvantages to the employee for being on FMLA?

Thanks to all that reply!

[.SH]

if your co-worker wins and they are not protected by fmla then they'll probably lose their job unless there are other union/contract protections.

[lonce]

The FMLA protects that person's title as an employee.
As a union employee, there are entitlements that have been bargained for under the bargaining agreement or union contract.
An employer must meet the obligation of that contract and apply it towards that employee off on leave.Without that protection, two things can happen. The company can interpret the definition of an employee as they see it and could deny the employee benefits from the contract based upon their definition.
Two, they could be terminated because they are not protected. Where I had worked,an employee argued that the company has no right to put an employee off on FMLA. By law, they can and they do. I do not understand why it would bother anyone to be on the FMLA, just for the sake of job protection alone it is beneficial.

Quoting torn_rct

I'm asking this for a fellow employee...

We work for a local municipality with 100+ employees. One of my fellow employees injured his back while at work. He is presently off work TTD and receiving NY Worker's Comp. He will probably be off work for at least another six (6) weeks.

Last week he received a letter from our employer stating the following: As you requested, we are putting you on FMLA leave.

1) The employee never requested FMLA.

2) Can an employer do this even though this is not, in our opinion, a serious health condition?

3) Our union is looking into this. If we leave this alone, what are the advantages/disadvantages to the employee for being on FMLA?

Thanks to all that reply!

[BvIA]

1. How are leaves covered under the FMLA and workers’ compensation statutes and how much time off is required?
2. When is a WC injury covered under the FMLA?
3. Should WC leaves be treated separately from other types of leaves?
4. Should the employer give the employee any special notification under the FMLA?
5. Does an employer have to pay for health insurance for an employee on WC leave?
6. Can an employee on WC leave be required to use vacation or sicK leave?
7. If the employee is released to light duty, can he be required to return to work?
8. Does the employer have to reinstate an employee returning from a WC leave?

The law permits the ER to run FMLA and WC leave concurrently as long as the EE/IW is notified in writing prior to the action.
http://www.ppspublishers.com/article...r%20the%20FMLA

Can an employer do this even though this is not, in our opinion, a serious health condition?

"Serious medical condition' is not necessarily the EE's option to call. If you are eligible for WC leave because your treating physican says you can't work... that would probably be considered 'serious' enough medically speaking to warrant qualification under FMLA definition.

If the employee is eligible for leave under the FMLA and the injury is considered a "serious health condition," the WC leave should be treated under the FMLA. The FMLA defines serious health condition broadly to include any "illness, injury, impairment, or physical or mental condition that involves" either inpatient care or continuing treatment by a health care provider. The statute does not distinguish between work-related and nonwork-related injuries. Thus, any on-the-job injury that requires an employee to take leave to seek inpatient care or continuing treatment likely will be covered by the FMLA.

I do not understand why it would bother anyone to be on the FMLA, just for the sake of job protection alone it is beneficial.

Right. And, if eligible for FMLA benefit... the ER must continue to provide any benefits they have been and continue to pay for those benefits. GHP/Group Health Plan coverage is probably one of the most valuable ER provided benefits on a dollar basis....not to be let go without serious consideration.

If we leave this alone,

Don't know why you wouldn't want to take advantage of any job protections available. Ultimately, the decision may not be up to the EE/IW...lots of laws work to the benefit of both sides.

[torn_rct]

Okay, so it seems the consesus is to take the forced FMLA time off. Most replies seem to say that it's to the injured workers benefit to take their time off as FMLA.

While off on FMLA an employer can force you to use vacation time as compensation. I assume if you are off on a work related imjury they cannot do this, correct?

The only thing I would be concerned with is the following scenario: it's my understanding you're only allowed 12 weeks of FMLA time; if you use the 12 weeks while off with an injury, what happens if say six months from returning to work your wife, child or parent becomes ill and you need more FMLA time to care for one of them?

[.SH]

there is much information on the FMLA website
http://www.dol.gov/esa/whd/fmla/
http://www.dol.gov/esa/whd/opinion/F...17_3A_FMLA.pdf

[BvIA]

The only thing I would be concerned with is the following scenario: it's my understanding you're only allowed 12 weeks of FMLA time; if you use the 12 weeks while off with an injury, what happens if say six months from returning to work your wife, child or parent becomes ill and you need more FMLA time to care for one of them?

There are no 'what if's''... FMLA provides up to 12 weeks/annum of leave for qualifying reason. That is the plan...that is the benefit.

While off on FMLA an employer can force you to use vacation time as compensation. I assume if you are off on a work related imjury they cannot do this, correct?

If you are taking FMLA you are not being paid... FMLA is not paid leave... so why would you not want to use the accrued vacation time for the ''m o n e y''...sometimes you gotta do what you gotta do... if you have to use vacation time/pay in lieu of actually taking a vacation...so be it. I would direct you to my previous post...

Okay, so it seems the consesus is to take the forced FMLA time off.

It's not 'forced', the law permits the ER to run FMLA concurrently with the comp leave... AND it is to YOUR benefit that this is done. FMLA protects your job... THE job you held pre injury... keeps your paid for by ER benefits intact... and other valuable benefits the same as if you had requested the FMLA.

Sorry... I don't see your concern or confusion here....? It is a benefit to you and you don't want to use it...(???)