Workplace Health Issues: Effectively Identifying And Handling FMLA, ADA, Workers’ Comp, Health & Safety Whistleblower and OSHA Issues presented by PEDRO P. FORMENT, ESQ. JACKSON LEWIS LLP One Biscayne Tower, Suite 3500 2 South Biscayne Blvd. Miami, Florida 33131 (305) 577-7600
Stay-Away-From-Me Billy complains Typhoid-Betty is hacking and coughing all day long and he is sure to soon become “infected” with her malady.
(Substitute hacking cough for open sores, rumored illness, etc.)
3. New-Age Wanda tells HR Director that ever since she started with the Company she cannot sleep at night, her hair is falling out, and she is “too stressed out” and believes its all because of her job.
Unlike discrimination/harassment policies with clear procedures, these complaints become more attractive targets because they are many times mishandled by Employer (even when the underlying allegation is false)
Environmental issues are many times outside management’s “comfort zone” which leads to either ignoring complaints OR being held hostage to demands.
Provide a letter that employee may give to healthcare provider which identifies the complaints made by employee and requesting that the doctor establish whether it is safe for employee to remain in the workplace and/or what special considerations are required.
DOL regulations, 29 CFR 825.702(d)(2), specifically permit the running of FMLA leave concurrent with workers' compensation where the employee's on-the-job injury also constitutes an FMLA-covered serious health condition.
To run FMLA leave concurrent with workers' compensation, Employer need only notify the employee in Handbook that "All FMLA leave time runs concurrent with short term disability and workers' compensation or any qualifying event."
Dotson v. BRP US Inc . , No. 07-1375, 2008 U.S. App. LEXIS 5897 (7th Cir. March 21, 2008)