So what does FMLA have to do with WC?? - Brown Cafe

upslady20 · 09-04-2007, 04:10 PM

Got a letter in the mail today from UPS concerning the fact I am away from work based upon a serious health condition which would be covered under FMLA. So unless I notify them to the contrary they will deduct the time I am out against any future FMLA I might claim this year. Of course so far I have never used any FMLA in my 21 years and hope to never use it in the near future. So how is my foot injury now a serious health condition.
So even though I am being paid through WC they can deduct FMLA at the same time.. Something seems unfair about that.
:confused1

Captain America · 09-04-2007, 05:01 PM

make sure they are paying into your retirement.

09-04-2007, 05:54 PM

Any time you are away from work for a personal health condition-Disability or Comp- counts against any FMLA time you have earned for this year. This won't be an issue unless you needed off for disability for yourself or for the care of a family member later in the year. The letter is standard to inform you of your and the company's rights/responsibilities under the law. Just give them the info they ask for and there shouldn't be a problem. Like posted before....make sure your benefits get paid--the best way to do this is stay in touch with your HR dept.

09-04-2007, 05:58 PM

Do not sign any papers on FMLA until you check into this further. One of the people that I work with had been out on disability and was now back was asked to sign an FMLA form as she is currently taking one hour of treatment a week plus travel time. She uses the flex time and gets in her 40 hours. She asked me about it and I told her that as long as she was working 40 hours, I would refuse to sign it. Why would she need it? Why would you need family leave while on work comp? It makes no sense to me. Not sure what is going on but this needs to be checked further.

Sammie · 09-04-2007, 06:06 PM

Quote:

Originally Posted by upslady20

Got a letter in the mail today from UPS concerning the fact I am away from work based upon a serious health condition which would be covered under FMLA. So unless I notify them to the contrary they will deduct the time I am out against any future FMLA I might claim this year. Of course so far I have never used any FMLA in my 21 years and hope to never use it in the near future. So how is my foot injury now a serious health condition.
So even though I am being paid through WC they can deduct FMLA at the same time.. Something seems unfair about that.
:confused1

Upslady,

The company would love for you to sign up for FMLA, that way you could stay home without a red cent and not receive WC. Everybody receives those letters when they go out on disability or WC. Sounds like a plan to me.

P.S. -Good luck on your recovery.

upslady20 · 09-04-2007, 06:18 PM

The letter implied you would not really be on FMLA they would just be using those weeks against you. Unless you called and apparently said you would not allow them to run them concurrently. Very strange I will be calling them tomorrow.

trickpony1 · 09-05-2007, 07:10 PM

They can not force you to go on FMLA.
Don't send in any paperwork and don't sign anything.

another thought:
If you go on FMLA, don't be surprised if the company tells the WC judge, "....see, your honor.....she is admitting her foot injury is a "personal health issue" otherwise why would she have gone on FMLA?

Don't do it.

upslady20 · 09-05-2007, 07:47 PM

I tried calling the person who sent me the letter but she is on vacation. Not to worry I will not be agreeing to be on FMLA at the same time. The person covering for her said everyone who is on WC loses the portion of their 12 weeks they are allowed on FMLA. So if you were out 6 weeks on WC you would only have 6 weeks of FMLA if you ever needed it for that year. That seem like some kind of double dipping to me. My foot is not a serious medical health issue. Plus it was at work. It is only serious if they never agree to give me the automatic.

trickpony1 · 09-06-2007, 04:38 AM

[QUOTE=upslady20;239034]...... So if you were out 6 weeks on WC you would only have 6 weeks of FMLA if you ever needed it for that year./QUOTE]

.....an attorney would have a good tme with this!

also, if they can get you to go on FMLA then you use all but one week of your vacation, which they pay you for and they can substantiate not paying you WC with the excuse, ".....oh but your honor........she was on FMLA therefore we don't have to pay her WC".
Try to remember you are dealing with a bunch of lying weasels.

09-06-2007, 02:29 PM

Contact your states Department of Labor work comp. division, most have numbers for questions. Lucky my states is very good at what they do, they may even suggest calling a work comp. lawyer, most offer free consultations. Don't do anything in a rush, make sure to get questions answered outside the company from reliable sources. Sounds like you are doing the right things, best of luck, hope everything works out in the long run for you.