QUESTION
Do I have to take FMLA with an opened Workmens Comp case where the job would not accommodate my restrictions?
Asked on Oct 31st, 2016 on Workers Compensation - Michigan
More details to this question:
The WC Doctor returned me to work with 0 lifting but I have been working a desk job for light duty for a month. Based off my last Dr. Appt with my MRI results they are now requesting me to have the doctor complete FMLA form stating how long I may be off work. At first it was no pay but now they said I would be paid via WC and FMLA. Have not received anything in writing. The following is from my employer: The Medical Certification is for your doctor to complete and it tells me when you are to stop working as well as how long you will be out. I will approve your time off as FMLA based on the Medical Certification. The Disability Claim form once it is completed by you and your doctor it goes to The Standard for processing; it is how you receive monetary benefits while on leave. I will complete the employer statement online, on your behalf, once you cease working.
1 ANSWER
Workers' Compensation Law Attorney serving Valrico, FL
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A. Dawn Hayes and Associates, P.A.
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Yes, FMLA and workers compensation can run at the same time. The reason some Employers opt to do this is that they are legally required to keep your job available for your return to work during the FMLA period plus continue health insurance and other benefits. Many Employers will switch an injured worker to a WC Leave of Absence after FMLA expires. I would suggest that you look at your employment manual or contact Human Resources to explain your company's procedure.
Answered on Oct 31st, 2016 at 12:28 PM