Does workers' comp leave automatically put you on notice of a 'serious' FMLA condition? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Does workers' comp leave automatically put you on notice of a 'serious' FMLA condition?

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Employees don’t have to say the magic words, “I am requesting FMLA leave?” to earn protection under the FMLA. It’s up to employers to recognize qualifying leave, based on the information provided by employees.

But when employees are out for workers’ compensation injuries, must you interpret that as automatic notice that they’re suffering a “serious health condition” that qualifies them for FMLA leave? This new ruling shows how workers’ comp leave can quickly morph into FMLA notice:

Case in Point: While operating a snow plow, public works employee Gene Jedlowski hit a manhole cover, causing him to crack his head on the truck’s roof. He was diagnosed with four herniated discs in his neck and went on workers’ comp leave. His boss wasn’t happy, saying the leave “wasn’t right,” and even calling Jedlowski to ask him to report to work while on leave.

On the day Jedlowski started his leave, his boss discovered a racially ...(register to read more)

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