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:
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)