Q. May I treat as being on
A. Within certain guidelines, federal regulations permit an employer to designate as leave compensable absences due to workplace injuries, where those injuries qualify as a serious health condition. The pertinent regulation is 29 C.F.R. § 825.702(d)(2).
Also note that if an employee is concurrently on FMLA leave and is absent due to a workplace injury, the otherwise restrictive governing medical certifications are relaxed to the level of inquiry permitted under the North Carolina Workers’ Compensation Act. See 29 C.F.R. § 825.307(a)(1).
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- Show good-faith ADA accommodation effort by documenting interaction with employee
- Make sure employees--and bosses and HR--know exactly how to call in FMLA absences
- You can require absent employees to follow call-In process
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