FMLA With Workers Comp Return To Work
The relationship of FMLA with Workers Comp Return to Work is still an area of much confusion even today. The FMLA has been in existence since 1993.
I do not claim to be an FMLA (Family Medical Leave Act) expert whatsoever. That issue is best left to the Human Resources (HR) experts. However, when combining FMLA with Workers Comp return to work, each benefit can greatly affect the other. A very expensive mistake can ensue if not handled properly.
The WC adjusting staff is not usually responsible to send out FMLA notice letters to injured employees that are on TTD (Temporary Total Disability). The FMLA notice should follow the same,timing as WC disability leave.
If the injured employee is not put on notice while out on TTD, the FMLA 12 weeks of leave will not automatically expire. The employer needs to send the notice. If not, there may be an instance where the employee is entitled to 12 more weeks of leave while not on TTD even after the Workers Comp disability ends and the usual return to work is offered to the employee.
Business Insurance recently published an article if the injured employee is not put on notice. The Texas Supreme Court sided with the injured employee that a WC claim does not kick in the FMLA period.
A suggestion is the adjuster let the employer’s HR department know when the employee begins a period of TTD. The FMLA requires very tight deadlines on providing the injured employee FMLA notice.
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