FMLA & WC ?

[vickinat]

I know that I've seen something posted here about taking FLMA when you are on WC. I checked, and my work does have unpaid FMLA, and I've been there long enough to qualify.

I'm in Pa. I've been working with sedentary light duty restrictions, I am still under Dr's care and have Physical therapy 3x's/week and Aqua therapy the other 2 days of the week. Recently my TPD was suspended due to losing wages for appnts. when work was available.
My lawyer is working on getting that reinstated.

My question is can I take FMLA while being on WC? Would the WC have to start paying me TTD as when I wasn't working because of the injury before, and my employer didn't have any wotk within my restrictions? I have been having so much pain and discomfort while at work. They give me duties that would be considered acceptable under my restrictions. Unfortuantly alot of the time I feel worse afterwards. I was wondering if I could use these reasons for taking FMLA?

Would I have to have my treating doctor or the WC say it would be ok to take the FMLA, since I'm able to work light duty? Anyone with the answers or who have gone thru this, please let me know.
Thanks
Vickie

[Tuffy]

Yes you can be on FMLA and WC at the same time. But remember FMLA only protects you and your job for 12 weeks. To apply for FMLA check with your HR or employer. And good luck

[dipweed23]

You will probably need to get the paperwork from your HR person, and have your doctor fill it out.
My work was nice enough to let mine run concurently with my TTD so that I will not lose my regular health insurance benefits, or my postition when and if I am able to return to work to perform the essential functions of my job. I am very lucky to be employed by a company that has no out of paycheck expence for health insurance, or I would not be able to afford it.
Now, if you feel that you need some more time off work, until the theripy sessions are a little further apart, get your doctor to write you off work, until their is a substantial improvement from theripy, not one day sooner. This way once you have really started progress your sessions could be reduced or what not, to make the load lighter on you at work. Again, the company I work for, pays you while at PT, rather than trying to fight the WC place to do it.

[sparkey]

When my pain management doctor took me out of work for 6 months, the first few months were automatically FMLA from work HR dept. They notified me when it ended in the mail. I never had to do anything to get it started. They automatically had it going and let me know when it ran out. They have also been paying my health insurance up till i return to work light duty this week, and said that when i return they will work out a reimbursement i have to pay back each week for the insurance while i was out of work. I was also going to PT/OT 4 times a week. If unsure, call your employer or go to HR and see if they have you available for FMLA. I think you would need your doctor to excuse you from work. Just tell the dr. that you are not doing well, and feel that maybe after a few weeks of therapy you will be able to return to your light duty. All they can tell you is NO. Good luck. Worth asking if you feel in pain each day, or maybe cut back your hours per day.

[1171]

FMLA is not insurance and you don't get to choose. It's federal law to protect an employee's job while they are off work.

[vickinat]

Thanks to all that replied:

My question is would the WC have to start paying me TTD as when I wasn't working because of the injury before, and my employer didn't have any work within my restrictions? Or would it depend on what the Dr.says or does. They have already had their IME Dr. write up restrictions, which I can't do, and I'm following my treating Dr.s orders.
Even though they want my work to force me to follow their orders, or write me up for not complying.

I don't think my doctor will just take me out of work. When I was mainly doing office work, awhile back, I mentioned that I was still getting the muscle cramps/spasms, and was still having pain. He commented that he feels that sitting at work or sitting at home wouldn't make a differance. I wasn't trying to get him to pull me from work, I wanted to let him know that I was still having discomfort.

I do truthfully feel better when I'm at home, and just going to my appointments or therapy. I may mention it to him at the next visit, but with the problems he and I both are having with the WC ins.company, I don't think he'll agree. I know my work has been urged to give me as many hours they can so that WC doesn't have to pay as much. this was before they suspended my TPD.

Thanks again
Vickie

[Still in Limbo]

Vick, I'm from Pa. also, and everything that happens as far as returning to work or taking more time from work if you've tried the Sedentary Position is controlled by your Dr. FMLA will not insure payment from w/c, it only Protects your Position and any Health Ins. you may have for 12 weeks. Your Dr. has to state that you are having too much difficulty performing your Sedentary Job, and has to pull you from work. At that point w/c should resume your TTD Payments, and they may send you to their Dr. for a second opinion. Your Lawyer should be able to get you reinstated and get your checks started again, provided they have the support of your Dr. Also, when you were released to work, were you sent the Form Entitled "Notice of Availability to Return to Work" with your restrictions clearly stated. If you didn't receive that Form, Your Lawyer may be able to fight for you on the Fact that you weren't properly offered the current Job you are trying to do, and that may Help for reinstatement. So as you see, there's a lot more to it than FMLA, and try not to confuse the two, w/c has nothing to do with FMLA, it's only used for what I've posted above! Best of Luck!!

[mannymecman]

By running concurrently with wc/fmla are the hours for wc 66 2/3 percent counted against your fmla 12 weeks ?? because if this was the case wc pays 66 2/3 % and then the fmla would cover the rest
Is it legal to count the 66 2/3 % also as fmla?
These hours count as wc right? how does that work?? My employer counted mine as wc/fmla and I am contesting the validity because I was not informed nor told that the fmla was all used up. Has this issue ever been brought up??

mmm in las vegas

[Tuffy]

FMLA is a federal program and is a 12 week unpaid ,(job secure leave) You can collect WC while on FMLA also any vacation, personal time, but FMLA will only protect your job for 12 weeks. If you have used some of that leave before then it will be shorter. 12 weeks for each year and it will not accumulate.
The 662/3 % would be your WC benafits.

[capricorn]

To add to what Tuffy has said...FMLA/WC can and do run concurrantly. I also did not know why employer put me on FMLA> No law broken. Sorry.