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Employee refuses light duty, stays on FML Michigan

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  • Employee refuses light duty, stays on FML Michigan

    If an employee who is on WC is offered a light duty position, and refuses due to medical reasons, he may do so if covered by Family Medical Leave at the time. At least this is my understanding.

    In doing so, compensation provided under W/C can stop, but is this still reportable to OSHA as a lost time claim at this point?

  • #2
    Don't know about the OSHA reporting.

    But if the FMLA medical reason, and it's supported by the WC treating physician, why would the TTD stop ?

    Unless there were other medical reasons that qualify under FMLA...(?)
    Here is a good site for information on Navigating the FMLA and Workers’ Compensation Maze: A Guide for Employers
    http://www.ppspublishers.com/articles/fmla.htm
    1. How are leaves covered under the FMLA and workers’ compensation statutes and how much time off is required?
    2. When is a WC injury covered under the FMLA?
    3. Should WC leaves be treated separately from other types of leaves?
    4. Should the employer give the employee any special notification under the FMLA?
    5. Does an employer have to pay for health insurance for an employee on WC leave?
    6. Can an employee on WC leave be required to use vacation or sicK leave?
    7. If the employee is released to light duty, can he be required to return to work?
    8. Does the employer have to reinstate an employee returning from a WC leave?
    Prevent Legal Headaches: Count WC Leave as FMLA

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    • #3
      CAIW--if the employer offers light duty and the ee refuses and would rather stay out on FMLA, then yes, TTD can stop.

      Daniel--interesting question about OSHA reporting. (In my opinion, OSHA does a terrible job with helping us complete the 300 forms, but oh well.) I would report it as lost time, because bottom line, that is what the end result of the work related injury was, even if modified duty were available.

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      • #4
        Thanks to all for time taken in responding!

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        • #5
          Not the question, but just a thought. If your employee is refusing modified duty, have them put it in writing. This has only happened a few times to me, but I like to have all my bases covered!

          I, Joe Smith, understand light duty is available, but I am electing to remain on a leave of absence under FMLA. I also understand that by refusing the light duty position available, I will not be entitled to Workers' Compensation benefits.

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          • #6
            Noted and good idea.

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            • #7
              If an employee who is on WC is offered a light duty position, and refuses due to medical reasons, he may do so if covered by Family Medical Leave at the time. At least this is my understanding.
              True.
              CAIW--if the employer offers light duty and the ee refuses and would rather stay out on FMLA, then yes, TTD can stop.
              True... IF the light duty is within the treating physicians restrictions. Many ER's do offer light duty/modified work, and should IMHO... and get the IW back to an ''EE'' status as soon as possible.
              Many others however offer light duty with the specific intent of mitigating the financial liability of wage loss benefits...TTD. Generally, the PTP/Dr controls the treatment plan, and certifies benefit eligibility. Even when ER offers light duty.

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