Legal Question in Medical Leave in Louisiana
employee out due to workers' comp claim at part-time job
We have a full time employee who is currently out due to a workers' comp claim at his part-time job. He injured his knee which will require surgery and may be out six to eight weeks. Do I need to put him out on unpaid leave of absence? He does qualify for FMLA. Being that he will be drawing workers' comp disability benefits from his part-time job, do we need to pay him short term disability under our group plan?
Thanks, I look forward to your response.
Randy
1 Answer from Attorneys
Re: employee out due to workers' comp claim at part-time job
The questions you ask are not easily answered in this type of forum. The interplay between worker's compensation, the FMLA and the ADA (which you don't mention but which is also applicable) is tricky. The question of whether your employee qualifies for FMLA is not a simple yes or no issue, but rather depends on many factors, first of which is the size of your company (to see if you are covered by the FMLA), the type of injury the employee sustained, etc. The short-term disability issue is a question of what the short-term disability plan states with respect to coverage - it would be next to impossible to advise you without reviewing the policy. In sum, the questions you raise are rather complicated and my best advice to you would be to contact an attorney. I'd be happy to discuss this matter with you further if you'd like.