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FMLA and WORKERS COMPENSATION
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<blockquote data-quote="Load Stand" data-source="post: 344167"><p>Concurrent FMLA and Workers' Compensation Employers should thoroughly document all employee leaves with FMLA qualifying reasons. In the event that the employer neglects to notify the employee that the leave will count against the employee's 12-week entitlement, the leave may not later be counted when considering a subsequent request for FMLA qualifying leave. (Although a recent Supreme Court opinion, Ragsdale v. Wolverine, made an exception, the recommended practice of notification should still be followed.) Accordingly, because a workers' compensation absence will almost always constitute a qualifying personal medical leave under the FMLA, employers should make sure that employees who are eligible for FMLA leave and who are absent for work-related injuries are promptly notified that their absence is being counted toward their rolling 12-month FMLA leave entitlement. Employers must respond to the request within two business days. If the response is initially given verbally, promptly confirm it in writing.</p></blockquote><p></p>
[QUOTE="Load Stand, post: 344167"] Concurrent FMLA and Workers' Compensation Employers should thoroughly document all employee leaves with FMLA qualifying reasons. In the event that the employer neglects to notify the employee that the leave will count against the employee's 12-week entitlement, the leave may not later be counted when considering a subsequent request for FMLA qualifying leave. (Although a recent Supreme Court opinion, Ragsdale v. Wolverine, made an exception, the recommended practice of notification should still be followed.) Accordingly, because a workers' compensation absence will almost always constitute a qualifying personal medical leave under the FMLA, employers should make sure that employees who are eligible for FMLA leave and who are absent for work-related injuries are promptly notified that their absence is being counted toward their rolling 12-month FMLA leave entitlement. Employers must respond to the request within two business days. If the response is initially given verbally, promptly confirm it in writing. [/QUOTE]
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