| 1.0 |
SUBJECT:
Workers compensation and the use of leave including FMLA |
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| 2.0 |
EFFECTIVE
DATE: May 10, 2001 |
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| 3.0 |
DISTRIBUTION: Agency Human Resource Managers |
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| 4.0 |
FROM: Bobbi J. Mariani, Director DATE:
May 10, 2001 |
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| 5.0 |
PURPOSE: To clarify the use of leave when the
employee is receiving benefits under the Workers Compensation Act. |
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| 6.0 |
BACKGROUND: |
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| 6.1 |
There
have been numerous inquiries regarding whether an employee
receiving workers compensation has a choice to use accrued
leave to supplement workers compensation payments. |
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| 6.2 |
There
have also been questions about whether or not FMLA leave can
run concurrently with workers compensation. |
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| 7.0 |
PROCEDURE: |
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| 7.1 |
According
to K.A.R. 1-9-5(g), an employee awarded workers compensation
has the choice of whether or not to use accumulated leave to
supplement the one third portion of the employee’s regular
pay that is not covered by workers compensation. The agency
can not require the use of leave while an employee is on
workers compensation. |
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| 7.2 |
If
the work related injury for which the employee is receiving
workers compensation meets the criteria of a "serious
health condition" as set out in K.A.R. 1-9-27, the time
that the employee is off work (i.e., the time covered by
workers compensation and any accrued leave) should be counted
against the employee’s 12-work week FMLA leave entitlement.
Even though K.A.R.
1-9-27(b)(3)(B) states that accrued leave shall be used prior
to the use of leave without pay, an employee receiving workers
compensation benefits is never in leave without pay status and
therefore, does not have to exhaust all leave. |
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| 8.0 |
REFERENCES: K.A.R.
1-9-5, 1-9-27 and 29 C.F.R. § 825.207(d)(2). |
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| 9.0 |
CONTACT
PERSON: Doug Hollandsworth at doug.hollandsworth@khpa.ks.gov or (785) 296-3569. |
