FMLA, Workers Compensation and Vacation
Posted: 05 March 2008 12:09 PM   [ Ignore ]
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In the state of Kentucky, is it permissible to require someone who is out on workers compensation leave to use their vacation during the leave? This person is on FMLA, but it is due to an on the job injury.

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Posted: 06 March 2008 01:39 PM   [ Ignore ]   [ # 1 ]
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Why would you want to allow them to use vacation time with workers’ comp?  That would be double pay.  Your workers’ comp carrier should be paying them.  Double pay and there is no motivation to return to work.

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Posted: 06 March 2008 04:09 PM   [ Ignore ]   [ # 2 ]
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In Michigan, if you have an employee that is out on WC which runs concurrent with FMLA, at the end of the FMLA 12 weeks can we terminate employment?

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Posted: 06 March 2008 04:20 PM   [ Ignore ]   [ # 3 ]
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Just a thought to throw out there. If you terminate after the 12 weeks and they are still out due to a workers’ comp injury, you then lose all control you may have over the situation.  So you can monitor the injury and case manage it, I wouldn’t term.  You would have more success in a getting a RTW if you still have them under your employment umbrella.

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Posted: 16 June 2008 12:47 PM   [ Ignore ]   [ # 4 ]
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I am also in Michigan. In my opinion, any time it is a work comp claim, I would not terminate the employee’s employment without contacting your company attorney or worker’s compensation agent.

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Posted: 15 August 2008 07:01 AM   [ Ignore ]   [ # 5 ]
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Also be careful because of ADA.

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