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arizona workers comp Arizona

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  • arizona workers comp Arizona

    I have messed up my elbow at work from keying all day. I am on workers comp. I have my HR dept now telling me that I have to complete FMLA paperwork and that I have to use my sick time for my doctor's and physical therapy appts. can they do that?

  • #2
    Yes, they can do that.

    FMLA can run concurrent with other absences (and should).

    Sick leave can be used, but if the carrier is paying for the absence, then you should not be losing sick leave time.
    Last edited by ScottB; 08-17-2007, 01:17 PM.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      And not only should they, they MUST attribute your absence to FMLA (irrespective of the fact that this is Worker's Comp) if they know you and the condition qualify. To not do so would be a violation of the act. FMLA is job-protected leave and, by its very nature, is unpaid. I take it you're receiving Work Comp benefits while you are off work? That's income replacement.
      Last edited by Pattymd; 08-17-2007, 01:21 PM.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Originally posted by Pattymd View Post
        And not only should they, they MUST attribute your absence to FMLA (irrespective of the fact that this is Worker's Comp) if they know you and the condition qualify. To not do so would be a violation of the act. FMLA is job-protected leave and, by its very nature, is unpaid. I take it you're receiving Work Comp benefits while you are off work? That's income replacement.
        I am going to disagree with Patty on this -- an employer is not required to designate an absence as FMLA leave. The employer's failure to do so simply extends the time the employee may take as FMLA leave, if eligible.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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        • #5
          Let me expand. They must provisionally designate it as FMLA, etc.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            I'll comment on ScottB's

            The employeer is not required to designate a leave as FMLA.
            Once the employer is made aware (by whatever means) of a condition that MAY be eligible for FMLA, the employer is required to send the paperwork to the employee.
            If the Dr doesnt think its fmla eligible or the employee fails to return the paperwork, then its not FMLA.
            I find that the harder I work, the more luck I seem to have.
            Thomas Jefferson

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            • #7
              If the company knows the time should qualify as FMLA and fails to do so, they are n violation. Neither the employee nor the company gets to pick and choose when the leave is protected and when it is not. Employers may always be more generous but they may not be less so.
              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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