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North Carolina-WC question

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  • North Carolina-WC question

    If your on workmans comp and out of work for X amount of time, does the time out on WC count toward hours worked for purposes of FMLA?

  • #2
    I don't know. That is really an FMLA question rather than a NC work comp question, because the FMLA will control it.

    I think FMLA law addresses it, but I do not know the answer. Maybe someone on the Board who knows a lot about FMLA will know the answer.
    Bob Bollinger, Attorney
    Board Certified Specialist in NC Workers' Compensation Law
    Charlotte, NC


    • #3
      Off the top of my head, the only time not worked I know of that DOES count as hours worked towards FMLA is time spent in the military. FMLA is a Federal law and w/c tends to be state oriented, so I think it is unlikely that there will be any statute that blends the two.

      If I am wrong, I'm sure someone will tell me.
      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.


      • #4
        Thanks to both of you, I am actually a Union Rep and have to deal with FMLA, WC and about everything else on a daily basis. I pretty much knew the answer to this and cbg I think you are 100% correct, I had an employee that was denied FMLA due to hours worked and they had actually been out of work on military duty for 18 months and had been back for 2 months. Of course they had to give it to him. I knew here would be the place to ask and I was right, Thanks!


        • #5
          Time spent on LOAs or WC related leave do count for the 12 months of service but the time does not count toward the 1250 hours the employee is required to have worked. 29 CFR 825.110
          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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