Mishandling return to work in worker's comp context risks FMLA liability

When an employee is injured on the job, the federal Family and Medical Leave Act or the Wisconsin Family and Medical Leave Act (collectively, FMLA) may confer benefits in addition to what the state’s worker's compensation provides. Employers subject to the FMLA should consider how the law interacts with their state’s worker's comp law when FMLA-eligible employees need time off from work or modified duty after a work-related injury.

Return to work under worker’s comp

Many employers contract with an insurance carrier to provide injured employees with worker’s comp benefits. When your workers are injured on the job, however, you shouldn’t take an entirely hands-off approach to worker’s comp.

In Wisconsin, injured employees may be entitled to temporary disability benefits during the period between the injury and the end of healing. During the healing period, if an employee’s doctor allows her to return to work with restrictions, the employer frequently accommodates the changes unless it has reasonable cause not to do so.

Once the end of healing is reached, an employee may be entitled to a permanent disability benefit. If she is then assigned permanent work restrictions, you should again accommodate her unless you have reasonable cause not to do so.