劳工法与劳工赔偿-常见问题解答

The federal Family and Medical Leave Act (休假) and state workers’ compensation laws may both cover an employee who suffers a serious health condition while on the job. 劳工部(DOL)发布了实施休假的修订法规. 虽然休假和工人补偿休假之间的相互作用在这些条例中得到了解决, 美国劳工部的一些信函裁决也澄清了这些法律的相互作用.

这个桑福德 & 泰特姆, An Alera Group Company Risk Insights will answer common questions regarding employee leaves that qualify for protection under both the 休假 and workers’ compensation laws.

休假休假是否与工伤补偿缺勤同时发生?

The employee’s 休假 leave entitlement may run concurrently with a workers’ compensation absence when the injury is one that meets the criteria for a “serious health condition.“因此, 雇员可以获得工人补偿福利，以弥补损失的工资, 与此同时，根据《美高美集团4688》享有健康福利. 然而, 如果合适的话, the employer must be sure to designate this leave as 休假-qualifying leave and must give notice of the same to the employee. 如果雇主没有将此假期指定为休假假期, 一旦工人补偿缺勤结束，雇员仍可享有休假休假.

Can an employer require an employee to substitute accrued paid leave if the employee is on workers’ compensation and 休假 leave?

由于工伤缺勤已被视为带薪休假, 休假美高美集团4688以雇员的累算带薪假期代替无薪休假假期的规定不适用. 更具体地说, 如果雇员选择领取工人补偿福利, the employer cannot require the employee to substitute any accrued paid leave for any part of the absence that is covered by the payments under a workers’ compensation plan. 然而, an employee is also precluded from relying upon the 休假’s substitution provision to insist upon receiving both workers’ compensation and accrued paid leave benefits during such an absence. 然而, 雇主和雇员可能会同意, 只要州法律允许, 有带薪休假补充残疾计划或工人补偿福利, 例如，一项计划只提供员工工资的三分之二的替代收入.

雇员在同时享有工人补偿和休假假期时享有什么福利?

如果雇主指定工伤缺勤为休假休假, 然后，员工有权获得在休假开始之日之前累积的所有就业福利. The 休假 does not entitle the employee to the accrual of any seniority or employment benefits during any period of 休假 leave, 也没有任何权利, benefit or position of employment other than that to which he or she would have been entitled had the employee not taken the leave. 因此, 在休假休假期间，雇员不因休假的运作而累积年资或就业福利. 不过, 除了《美高美集团4688》保障的团体健康福利之外, 在休假休假的员工, 无论是否支付, 在缺席期间是否有资格获得额外福利, depending on the employer’s established policy for providing such benefits when employees are absent on other forms of leave.

领取同时发放工人补偿及家庭伤残津贴的雇员如何支付团体健康保险? 其他非健康福利保费?

An employee who is receiving payment as a result of a workers’ compensation injury must make arrangements with the employer for payment of group health plan benefits when simultaneously taking unpaid 休假 leave. It is important that the employer make such arrangements with the employee in advance of the leave or shortly after the leave begins since the 休假 provision for recovery of the employer’s share of health insurance premiums does not apply. 这是, the 休假 statute only authorizes the recovery of the employer’s share of insurance premiums that are paid to maintain coverage for the employee under a group health plan during any period of unpaid leave. 根据工人补偿计划休的假不属于休假所指的无薪假. 

同样的, an employer will also want to make prior arrangements for employee payment of other non-health benefit premiums when an employee is receiving payment as a result of a workers’ compensation injury and is simultaneously taking unpaid 休假 leave. 再一次。, neither the 休假 statute nor its regulations provide for the employer’s recovery of any such premiums paid during a paid leave as opposed to during an unpaid leave.

如果雇主对医生证明的充分性提出质疑，可以怎样做? 如果雇员是在休假休假与工伤缺勤同时运行, and the provisions of the workers’ compensation statute permit the employer or the employer’s representative to have direct contact with the employee’s workers’ compensation health care provider, 用人单位可以按照劳动者赔偿的规定办理. 这是, the employer may have direct contact with the employee’s health care provider in the manner in which the workers’ compensation statute provides. 进一步, the revised 休假 regulations also provide that an employer can contact an employee’s health care provide to authenticate or obtain clarification of the medical certification, 只要雇主先给雇员一个弥补缺陷的机会.

Is an employee required to return to a “light- duty” job when it is not the same job or is not equivalent to the job the employee left?   

If the health care provider treating the employee for the workers’ compensation injury certifies the employee is able to return to a light-duty job, the employee may decline the employer’s offer of a light-duty job if it is not the same or is not an equivalent job to the job the employee left. 然而, 因为拒绝了这样的轻活, 雇员可能会失去工人的赔偿金, 但有权继续享受休假无薪休假，直到休假权利用尽. 另外, 职工补偿福利终止时, 雇员可选择或雇主可要求使用累算带薪假期.

If the employee accepts the light-duty position in lieu of 休假 leave or returns to work before the 休假 leave entitlement ends, 雇员保留原职位或同等职位的权利. 然而, 从事轻型工作的时间不能计算在休假假期中. 在雇员执行轻型任务期间，恢复权利暂时搁置. 该权利不是无限制的，并在适用的12个月FLMA休假年结束时终止. Restoration is dependent on the employee’s ability to perform the essential functions of the same or equivalent position at the end of 休假 leave.

What happens to an employee on concurrent workers’ compensation and 休假 leave once the 休假 leave entitlement has run out?

If the employee is unable to return to work or is still in a light-duty job after the 休假 leave entitlement has run out, the employee no longer has the protections of the 休假 and must look to the workers’ compensation statute or to the federal Americans with Disabilities Act (if the employee is a “qualified individual with a disability”) for any further relief or protections.

请联系桑福德 & 泰特姆, a Alera集团公司，有任何问题.

This 工作对比 is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. 读者应联系法律顾问或保险专业人士以获得适当的建议. ©2011,2021 Zywave, Inc. 版权所有.