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FMLA and Workman's Compensation Florida

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  • FMLA and Workman's Compensation Florida

    I am out due to an on the job accident - I am on Workman's Compensation .

    I just received letter from agency stating I must complete FMLA paperwork. That I had requested FMLA since March 16th. That physian must complete a certificate and I must return such to HR.

    I never requested FMLA because I should not need to stop my benefits, etc....due to worker's comp.
    Wouldn't it be giving up benifits if I went on FMLA....Can they legally force me to go on FMLA.
    What is the plus side of going on FMLA.
    Also I was told by HR that it is a rolling FMLA year. I already had 8 weeks on FMLA for a family crisis.
    Thank you for responding....much appreciated.

  • #2
    Being on WC does not provide you any benefits outside the WC system. It does not hold your position, ensure you keep your insurance or even that you remain employed. Only FMLA does this.

    If the time you are off for your work injury meets the criteria of a serious health condition under FMLA, your employer has no option but to designate it as such. FMLA is a federal law and it isn't optional for employers. If you were already out for 8 weeks, then you get 4 more in the same 12 month period.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      fmla and worker's comp together allow extra protection

      Since I have been out on Workman's Comp my employer has also offered me another position - with a much lower (3,500 less per year). Feeling that I may not want such a physical demanding position. Yet , the position offered does require the same type of physical activity. Yet, would not require the amount of hours that must be done to meet established work goals. If , I did take a new job offer with same company . . .would it create issues with my present standing of Workman's Comp? I would still be unable to start a new position until Workman's comp. has cleared me for duty.

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      • #4
        Your doctor clearing you to work is another matter entirely. If you can physically do the job and are offered it and do not take it, I can virtually assure your benefits will be cut off. If you take the job, you wouldn't be getting TTD any longer and the difference is probably not enough to qulify you for TPD, but you would be making more than you are getting now.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          If you, the employer and the medical condition all qualify for FMLA, the employer is required by law to at least initially apply FMLA protections. However, if you refuse to complete the paperwork and return it within 15 days of being given it, your employer is free to rescind FMLA which means no job protection. Your wc benefits will NOT stop because of FMLA - it is quite possible for wc or std benefits to run concurrently with FMLA.

          There is NO benefit to you to refuse to complete the FMLA documents.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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