Ladymvb2
08-04-2006, 12:29 PM
My husband is working restricted duty due to a workers' comp injury. The employer has him working 19 - 20 hours per week. He now has to have surgery due to a nonwork related problem. How will this affect his workers comp case? I know they will not have to pay him his temporary partial disability. Does he qualify for FMLA and short term disability? If so, how is the short term disability figured since he is not getting his full wages. He has been on workers' for about a year.
Oklahoma does not have a state disability policy. If his employer offers a short term disability policy, he will have to check with that as to whether he qualifies and how it is paid; that is a matter of contract, not law. If his employer does not offer an STD policy, then there is no STD for him to be eligible for.
As far as FMLA goes, you have not given us enough information to say.
1.) How many employees does his employer have within a 75 mile radius of his location?
2.) How long has he worked for this employer?
3.) In the last 12 months, has he worked a minimum of 1,250 hours?
Ladymvb2
08-04-2006, 02:12 PM
He has worked for this employer for several years, and they do have more than the number of employees for FMLA. He has been on workers' comp for the past 12 months. He only recently started back to work, restricted duty, in March, 2006, so "no" he has not worked the 1,250 hours because he has been on workers' comp.
He does pay for his short term disability.
Also, does an employee's sick leave, vacation time, etc. still accumulated while they are off on workers' comp?
If he has not worked 1,250 hours in the last 12 months then he is not eligible for FMLA, no matter what the reason he did not work. Sorry.
He'll have to ask his employer about the short term disability. As I said, that's a contract issue, not a law issue, and since I haven't read the policy I can't tell you how it will work.
To the best of my knowledge, whether vacation and sick time accrue on workers comp is a matter of company policy. But I'm not an expert on w/c so ElleMD or rjc or someone who knows more about workers comp state law can tell you if I'm wrong.
