2007-03-28 11:38:47 · 4 answers · asked by netshooters 1 in Business & Finance ➔ Careers & Employment
I too am an HR Manager in California. I was always under the impression that you couldn't term someone after a claim. My corporate office is on the east coast and they are under the impression that we can term the employee. New question. If you have someone who is a packer and has been employed for 95 days, gets hurt on the job, and doctor puts on TTD for 3 consecutive months, we can not term them? It's not fair to long term employees who exhaust their FMLA.
2007-03-29 02:49:32 · update #1
Yes, they can, IF the company's leave policy incorporates WC under the FMLA leave. If so, then WC is limited to the 12 week FMLA limit.
2007-03-28 12:02:38 · answer #1 · answered by Mel 6 · 0⤊ 0⤋
WC=Worker's Comp?
Worker's compensation and FMLA laws are different. Both have limitations on the employer from terminating the employee who exercises a claim. I don't think the same employee would be able to claim both. However, it may be possible for a close relative of someone who has a worker's comp claim to claim FMLA to care for the WC relative.
Small-time employers may be exempt from certain provisions, however.
2007-03-28 18:56:39 · answer #2 · answered by John K 4 · 0⤊ 0⤋
I'm not sure I understand what FMLA has to do with it. You can not fire someone in California because they have filed a workers compensation claim. You can terminate an employee who is on worker's compensation if the termination is obviously unrelated to the workers' compensation claim. (ex. the doctor returns the employee to work restricted duty, employee comes to work and threatens to kill a co-worker)
If you are saying the employee got injured at work and the doctor has him on temporarily disability no you can't fire him b/c he's been away from work to long, unless your contesting the work relatedness of the injury. If your claim is the injury did not occur at work and your arguing that with workers compensation then that's another story.
2007-03-28 19:33:30 · answer #3 · answered by katiebeth 3 · 0⤊ 0⤋
No you can not be fired in CA while out on WC.
For more information go to: http://www.dir.ca.gov/CHSWC/Reports/WorkersCompGuidebook-3rdEd.pdf
page 19 (22 in PDF)
2007-03-28 19:29:12 · answer #4 · answered by Mom of 2 4 · 0⤊ 0⤋