It is important to consider that as a small business, there are a variety of laws governing benefits an employee is entitled to. You should be aware and understand how workers compensation benefits interact with the various federal laws, rules and regulations. Here are some questions and answers to help you in balancing these different relationships. Note: if you only have a few employees, some of these benefit laws may not be applicable in your case, so, you should discuss these issues with WCCOP to determine the best course of action for your company.
- If an employee is receiving workers compensation benefits because of a work-related injury or illness, are they entitled to leave from work under the Family and Medical Leave Act (FMLA)?
Yes! FMLA applies to employers with 50 or more employees only, however, under this government act, an injured employee’s rights are not affected by their workers comp status and/or benefits. In addition, their workers comp status does not play a factor in their rights under FMLA.
- If an employee is injured and their injury is considered a “disabilityâ€, does this trigger their rights under the Americans with Disabilities Act (ADA)?
Yes! ADA applies to employers with 15 or more employees only. Your employee has rights under this act if they qualify as “disabled†as defined by the ADA.
- If an employee is away from work due to an injury, and their right to participate in the group health plan ends, are they entitled to receive notice of COBRA rights?
Yes! As an employer, you are required to give the injured employee notice of their COBRA rights. Note: You should take care in determining when these rights are triggered in relation to any leave time as provided under FMLA. COBRA rights are not triggered as long as the employee has unused FMLA time remaining.
