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Designate FML when WC? Arkansas

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  • Designate FML when WC? Arkansas

    I know that FML and Worker's Comp run concurrrently, but are we, as an employee allowed to designate or proclaim that an ee is using up FML while he/she is on WC, just by saying so, assuming the ee is eligible foe FML?

  • #2
    It is the employer's responsibility to designate the leave as FML if you believe it qualifies (and employee is eligible).

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    • #3
      Absolutely.

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      • #4
        Agree & be sure you do the regular notification to the employee that the WC leave is being considered as FMLA leave (WC & FMLA will run concurrent).
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          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

          Implementing the FMLA can be tricky, especially when a leave of absence involves workers’ compensation injuries. This article answers some of the most common questions concerning workers’ compensation and the FMLA.
          These questions/answers are here http://www.ppspublishers.com/articles/fmla.htm, and should be a big help in navigating the overlaps of WC/FMLA/EEOC/ADA

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