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NYS Workers Comp/FMLA overlap New York

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  • cbg
    replied
    1.) If the employee cannot return to work full time at the end of the 12 weeks, then barring a contract or CBA that says otherwise, the employer can terminate.

    2.) While light duty is not required, it is to the employer's benefit to offer it if at all possible in w/c cases. Whether you are required by law to accomodate depends on whether or not the condition qualifies as a disability under the ADA and whether any possible accomodation is reasonable

    3.) Absolutely not. If the employee is under a contract or CBA that says he gets up to a year's medical leave, then he gets up to a year's medical leave.

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  • bilingualbooks
    started a topic NYS Workers Comp/FMLA overlap New York

    NYS Workers Comp/FMLA overlap New York


    An non-key employee has w/c injury that fulfills fmla leave requirements. Employer puts employee on fmla concurrently with wc leave. After 12 weeks pass:
    1- employee cannot get full duty release from md at end of 12 weeks, can employer terminate?
    2- employee gets "light duty" release from md at end of 12 weeks, if employer can, must they accomodate?
    3- employer has union contract that permits 1 year of medical leave. if employer puts employee on fmla leave, can employer terminate at the end of the 12 week fmla leave if no full duty release from md at end of 12 weeks?
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