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FMLA/Work Comp & Termination Expand / Collapse
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Posted 4/23/2009 4:42:19 PM
 
We have an employee who went out on FMLA on 8/14/08 for "serious health condition that is non-work related". EE's supervisor called him right before the end of the 12 week period to inquire if EE was planning on returning. EE would not give a clear yes or no answer. The former HR administrator did not follow up on this and is no longer with the company, so I have inherited this matter.

On 3/19/09, EE walked into my office and asked for Work Comp information. He stated that his wife's co-worker told him he should file work comp and that is why he wanted the forms. I asked him about his FMLA status and he clammed up and would not give me a straight answer.

Long story short, we sent him all of the necessary paper work to file a W/C claim and authorized him to be evaluated by our doctor. So far EE has not returned any paperwork, has not seen the doctor and has refused to respond to our W/C insurance company's requests for paper work to be completed. Our W/C insurance company is sending an investogator out to review employee's records and interview his supervisor.

If our W/C insurance company denies the claim, can we terminate the EE? I am reluctant to do anything until the insurance company makes a decision.

Thanks in advance for any insight.
Post #2217
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