Re: Employer Requiring FMLA Forms While a Workman's Compensation Claim is Open
Sure, you may be eligible for additional benefits afforded by the FMLA on top of your W.C benefits.
Is it normal practice for an employee to be required to have fmla papers completed with a new WC claim open?
Below is some relevant info from the employee manual - see section 7.
7. Family and Medical Leave Act (FMLA) Leave When Injury Leave is Expired or Exhausted.
a. Work-related injury absences are not covered by SPF absence. However, a work related injury is usually covered by the FMLA and concurrently designated as leave under the FMLA. It is imperative that
FMLA be considered when injury leave is expired or exhausted, since an employee may be eligible for additional absence benefits under FMLA.
b.An employee who remains unable to work at the expiration or exhaustion of the injury leave entitlement only may continue such leave with benefits if the employee is eligible for leave under FMLA.
c. An employee who is unable to work due to a recurrence of a work related injury after three years from the date the injury occurred, or before three years if the cumulative one year of injury leave entitlement has been depleted, may be eligible to use additional leave under FMLA.
If eligible, the injury leave policies described above are followed.
(1)To be eligible for this additional injury leave under FMLA, the employee must have worked 1250 hours within the last 12 months, based on the date the absence began.
(2)The period of leave is up to 12 weeks, which is reduced by any other leave used within the previous 12 months that was designated as FMLA leave.
(3)If only accumulated paid leave is used during the recurrence, the leave is not subject to the 12-week limit; accumulated paid leave may be used until exhausted or until the employee returns to work, whichever occurs sooner.
The 1250 hour work requirement does not need to be met to use only accumulated paid leave.
d.If all leave is exhausted, the workers’ compensation coordinator may, at the agency’s sole discretion, approve regular leave without pay without benefits, or proceed to terminate the employee
through the discipline process.
Moderator Responses are based on my personal bias, experience and research - They do not represent the views of the admin nor may be accepted in the legal community, always consult an attorney.