Hello There, Guest! Login Register
Index    |     Search    |     Members    |     Help

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
California-FMLA vs WC
#1
Hi! My mom is under WC at her work and has been getting treatment under the WC benefits. A couple of days after her shoulder surgery her H.R. administrator told her she will be under FMLA for 8 weeks and then her WC benefits will start after. That doesn't make sense to me because she's been under workers comp the whole entire time. Why did they change their minds and put her in FMLA? Is this legal? Are there other ways to seek compensation like State Disability until WC benefits start (IF they do)? Please help!!!

-M
 
Reply
#2
FMLA and work comp can run together. It has nothing to do with her being paid to heal at home though. That is unless there is something in there Company Policy stating different. Meaning, if on FMLA, the policy could state all vaction, sick days and all paid days off work, will be used up during a period of FMLA. Another thing is, it's not 8 weeks, it's 12 weeks of job protection mainly.

The thing is, get ahold of the company policy. There might be the answer to this.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
Reply
#3
Bad Boy Bad Boy Wrote:FMLA and work comp can run together. It has nothing to do with her being paid to heal at home though. That is unless there is something in there Company Policy stating different. Meaning, if on FMLA, the policy could state all vaction, sick days and all paid days off work, will be used up during a period of FMLA. Another thing is, it's not 8 weeks, it's 12 weeks of job protection mainly.

The thing is, get ahold of the company policy. There might be the answer to this.

Thank you! I'll have her check. She said she has no sick leave because their company doesn't provide it anymore and she only has 1 week vacation. She's just concerned about paying bills and mortgage while she's out for 3 months. I just don't understand why they're telling her it's FMLA first and then WC benefits rolls in. When in fact they can occur at the same time. Is it possible they're trying to get away from paying her?
 
Reply
#4
Also, please, what State is this in?

http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

http://www.dol.gov/whd/fmla/index.htm

http://www.employer-employee.com/fmla.html
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
Reply
#5
Bad Boy Bad Boy Wrote:Also, please, what State is this in?

http://www.dol.gov/dol/topic/benefits-leave/fmla.htm

http://www.dol.gov/whd/fmla/index.htm

http://www.employer-employee.com/fmla.html

California. Any idea how the laws are in regard to this? Tried looking in CA state's site, but it doesn't mention anything about FMLA and WC working simultaneously.
 
Reply
#6
That is because FMLA is a federal Law and Rules, as the Work Comp is a State Laws and Rules. I gave you web sites, you will need to read them first.

(((I just don't understand why they're telling her it's FMLA first and then WC benefits rolls in. When in fact they can occur at the same time. Is it possible they're trying to get away from paying her?)))

Their not paying her, their Work Comp Insurance is paying her. If they stop paying her, she can file a complaint with the CA work comp board.

But, really, just who is telling her this. She can tell them, if they stop paying, she will obtain an Attorney. If she starts to have problems, then she best get an Attorney.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
Reply
#7
they run may reun concurrently (FMLA pays no benefits and is not insurance).
sounds like she used 4 weeks of FMLA already and will not have job protection after that.
your employer is using confusing terms by implying that they are separate insurance benefits and will run consecutively.
california work comp website does not provide information about federal laws like the Family and Medical leave act.
the employer does not pay her; comp benefits come from the insurance carrier.
the comp carrier has no control as to whether an employee is covered under the federal FMLA laws.
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
 
Reply
#8
1171 Wrote:they run may reun concurrently (FMLA pays no benefits and is not insurance).
sounds like she used 4 weeks of FMLA already and will not have job protection after that.
your employer is using confusing terms by implying that they are separate insurance benefits and will run consecutively.
california work comp website does not provide information about federal laws like the Family and Medical leave act.
the employer does not pay her; comp benefits come from the insurance carrier.
the comp carrier has no control as to whether an employee is covered under the federal FMLA laws.

@Bad Boy Bad Boy: her H.R administrator was telling her this. BTW, thanks for the links.

@1171: she worked light duty up until the day before her surgery. Her surgery was done this past Tuesday and then yesterday her H.R. Admin called her regarding the FMLA.
 
Reply
#9
Sounds like the HR administrator isn't to smart, and has no clue to what they are saying. Or they are only trying to upset her, to hurry back to work before properly healed.
Reply's are intended solely for informational purposes. They are based on personal opinions, experience, or research and are "not to be taken as fact or legal advice", otherwise, always consult an attorney or a doctor.
 
Reply
  


Possibly Related Threads...
Thread Author Replies Views Last Post
  FMLA & WC in Nevada Minda 2 6,204 08-26-2013, 10:03 PM
Last Post: 1171
  fmla taywindsor 5 3,953 07-03-2013, 07:18 PM
Last Post: Manley2
Sad FMLA Question roaddog831@hotmail.com 1 1,901 04-30-2013, 06:42 PM
Last Post: 1171
  FMLA Question SIF_Stressed In Fl 2 3,397 11-10-2011, 09:19 PM
Last Post: SIF_Stressed In Fl
  To FMLA or Not FMLA SIF_Stressed In Fl 7 8,626 11-08-2011, 01:15 PM
Last Post: SIF_Stressed In Fl
  FMLA wootk1967 2 4,723 09-12-2010, 08:37 PM
Last Post: dmma
  Can they use FMLA against me? vandew 10 12,229 06-15-2010, 08:21 PM
Last Post: vandew
  fmla/herniate disk c4-c5 ybigjt 2 4,440 06-05-2010, 09:23 AM
Last Post: Cycler
  HR said I don't need FMLA NVworker 4 7,913 04-28-2010, 01:33 AM
Last Post: NVworker
  FMLA Question Gatekeeper 3 5,286 01-21-2010, 09:57 AM
Last Post: capricorn

Forum Jump:


Browsing: 1 Guest(s)