workmans comp

[gmover10gc]

What is the name of your state? missouri

i have an employee that has filed a workmans comp claim. it has not yet been determinded that it will be a viable claim
she is a manager for one of my locations and will be out several weeks.
do i have to hold her job open for her?? what are my options in this area? i need someone to manage this location
thanks
gmover10gc

 

[cbg]

Before answering your question I need to to answer a few, as it will make a difference.

1.) How many employees does your company have?

2.) How long has she worked for the company in total?

3.) How many weeks is several? How long do you anticipate her being out overall?

When I have the answers to these questions, I can answer yours.

 

[gmover10gc]

Hello
to answer your questions... we have about 100 employees and 8 are working in this location. ( we have 11 locations)
She has worked for us since 1995.
Im not sure how many weeks she will be out. Her Dr, stated that she has a ruptured disk in her neck. Surgery may be required, she has already been out 2 weeks.

Quickly this is the scenario....she said about a year ago she hurt herself moving a box at work ( no one saw this and she did not report it for quite some time) she said she had a hurt shoulder and was realeased with this about 6 months ago.
she recently moved ( on her own time) moving furniture, boxes etc.
she woke up at home with a numb neck and face. the dr is now saying that it is realated to her orginal injury. it has not been determined as of yet if workmans comp will pick this up but she is still out of work with no idea of a return date.
thanks

 

[cbg]

Okay, IF you have more than 50 employees within a 75 mile radius, than you are subject to the Family Medical Leave Act. Assuming that to be the case, since she has worked for you for more than one year, she is entitled to protection under the FMLA.

That being the case, you are required by law to hold her job for her for up to 12 weeks. This doesn't mean that you can't put someone in the position temporarily in order to get the work done - you can. But as long as she returns within or at the conclusion of 12 weeks, you MUST put her back in either her own job or one that is equitable in terms of pay, benefits, duties, shift schedule, etc.

If you do not have 50 employees within a 75 mile radius OR if she stays out for longer than 12 weeks, then she is only entitled to whatever your company policies would normally provide.

Unless your state law specifically says otherwise, the fact that she has filed under workers comp does not change any of the above. Since when I had employees in MO, none of them ever went out on workers comp, I'm not up on Missouri workers comp law. I'm sure StacyLB can tell you if there's anything in on the state front that you need to be careful of.

 

[gmover10gc]

thanks for your help.