On Jan 7-8, '08 I sopke with EAP about the backdating FMLA time and she said that HR ordered them to do it in this case.
There is more here but I wanted to keep this relevant and concise.
Since the workers’ compensation absence is already considered paid leave, the FMLA provision for substitution of the employee’s accrued paid leave for unpaid FMLA leave does not apply.
Consequently, if the employee has elected to receive workers’ compensation benefits, 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.
Employees that suffer a serious health condition as a result of their employment may be covered under the federal Family and Medical Leave Act (FMLA) and state workers’ compensation laws. In addition to other topics, the regulations address the interplay between the FMLA and workers’ compensation leave.
Department of Labor (DOL) issued updated regulations under the FMLA.
This The Freeman Agency Legislative Brief addresses common questions regarding employee leaves that qualify for protection under both the FMLA and state workers’ compensation laws.
Does FMLA leave run concurrently with a workers’ compensation absence?
On December 19th, 2007 I notified my EAP employer of the need for, what I thought would be, FMLA .When FMLA leave is taken because of an employee’s own serious health condition, an employer may require the employee to provide a medical certification form from a health care provider to verify the leave.If an employee is on FMLA leave running concurrently with a workers’ compensation absence, 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, the employer may follow the workers’ compensation provisions.However, because workers’ compensation leave is not unpaid leave within the meaning of the FMLA, an employer may not recover its share of health plan premiums when employees on concurrent FMLA and workers’ compensation leave do not return to work at the end of FMLA leave.What may an employer do if it questions the adequacy of a medical certification?