UPS Trying to force me to take FMLA while on Workmens Comp

thatupsguy

New Member
I've been out on workmen's comp for 3 weeks due to an leg injury. Just got a letter from Aetna stating that UPS was putting me on FMLA and that I had 15 days to fill out paperwork and send it back to them. Just doesn't seem right to me that I should have to be put on FMLA and burn my vacation and sick days as this was and still is an on going workmen's comp, even though I am getting paid by Liberty for workmen's comp and will continue to be paid by Liberty till I return to work, they want to put me on workmen's comp and FMLA at the same time. Any experience any thoughts on this?
 

zubenelgenubi

Well-Known Member
I've been out on workmen's comp for 3 weeks due to an leg injury. Just got a letter from Aetna stating that UPS was putting me on FMLA and that I had 15 days to fill out paperwork and send it back to them. Just doesn't seem right to me that I should have to be put on FMLA and burn my vacation and sick days as this was and still is an on going workmen's comp, even though I am getting paid by Liberty for workmen's comp and will continue to be paid by Liberty till I return to work, they want to put me on workmen's comp and FMLA at the same time. Any experience any thoughts on this?

Article 14 and 17 cover on the job injuries and FMLA, respectively. From what I can tell, neither prohibit the company from putting an employee on FMLA while on workers comp, and neither does the law.
Can You Force an Employee to Use FMLA? - Employers Council Blog

According to article 17, the company can require you to use vacation time and sick time while on FMLA. So, as far as I can tell your only way around it may be to get a TAW assignment under article 14 section 2.
 

UnconTROLLed

perfection
I've been out on workmen's comp for 3 weeks due to an leg injury. Just got a letter from Aetna stating that UPS was putting me on FMLA and that I had 15 days to fill out paperwork and send it back to them. Just doesn't seem right to me that I should have to be put on FMLA and burn my vacation and sick days as this was and still is an on going workmen's comp, even though I am getting paid by Liberty for workmen's comp and will continue to be paid by Liberty till I return to work, they want to put me on workmen's comp and FMLA at the same time. Any experience any thoughts on this?
don't do it. They will try to trick you into admitting the injury is not work related. Either via paperwork, or phone. When you call Aetna, they will ask -first thing- " was this injury work related?" on the recorded line. They are fishing. I've had "ups" doctors as well as management do this.
 

twoweeled

Well-Known Member
I've been out on workmen's comp for 3 weeks due to an leg injury. Just got a letter from Aetna stating that UPS was putting me on FMLA and that I had 15 days to fill out paperwork and send it back to them. Just doesn't seem right to me that I should have to be put on FMLA and burn my vacation and sick days as this was and still is an on going workmen's comp, even though I am getting paid by Liberty for workmen's comp and will continue to be paid by Liberty till I return to work, they want to put me on workmen's comp and FMLA at the same time. Any experience any thoughts on this?
How did this play out? What was the end result? Gotta post that info for others who may need it later on. Odds are, someone will need it.
 
Top