Human Resource Blog

Workmans comp

If an employee was injured on the job and has over 1100 hours of sick time and had to go out for a torn rotator cuff can the employer put him on FMLA leave immediately? Can we replace him if he is out past the 12 weeeks that FMLA states?

Yes. It is very common for an employer to put an employee who is on workers comp leave also on FMLA leave. This is simply to ensure that the employee cannot take FMLA again that year, for a different reason.

It is a very generous employer (or a very strong union) that has permitted this worker to accumulate more than 27 weeks of sick leave. However, there is no requirement that the employee be able to use them all at the same time.

FMLA regulations change in January 2009, but currently it is the employers option whether or not an employee is permitted to use sick leave while on FMLA. It should not matter anyway, if the employee is on workers comp. Normally an employee on workers comp collects benefits through workers comp, not by using his or her sick leave.

Workers comp regulations vary by state, and in some cases the workers job may be protected or he may be entitled to additional benefits.