When it comes to The Family and Medical Leave Act…Does your company pass the test?

Your employee sustained a serious Workers’ Compensation injury due to the carelessness of a fellow employee. This injury has made him eligible for FMLA leave of 12 weeks. He is now only receiving 66.6% of his average weekly wage and requests that you use his accumulated sick pay to make up the difference. How do you respond?

Since the Workers’ Compensation absence is not unpaid leave, the provision for substitution of the employee’s accrued paid leave is not applicable. Employers should not allow employees to draw vacation pay, sick pay, or other types of compensated leave pay concurrently with Workers’ Compensation payments if the employee is out on FMLA leave.

If you have any questions regarding FMLA, contact Chris Bergstrom at 727-522-7777, ext 210, or email him at cbergstrom@w3ins.com.

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