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).
- Employee out on FMLA leave? You can still insist on following call-in policy
- Absent-minded employees: The 4 key steps to get absenteeism under control ... legally
- Feel free to deny employees' FMLA leave requests that aren't legitimate under the law
- Manage absences by asking employees why they're out
- It's OK to slightly alter FMLA leave-taker's job