Workers Comp Leave and Flex Spending Account

[Guest sfranklin]

If someone could advise me on the following:

I have an employee that went on Workers Comp Leave and has an FSA. I know what to do in the circumstances of someone on FMLA but what can be offered (if anything) when someone is on W/C leave?

[Guest OSU]

If you run FMLA concurrently with work comp leave you can treat this person as if they are out on FMLA. If this person is out for more than 12 weeks, I think this person would be subject to your company policy for ee's out longer than the 12 weeks of FMLA protection.

However, I would recommend checking into the state work comp laws to ensure compliance. All states have different rules regarding work comp.

[Guest sfranklin]

Thanks OSU for your response. That is actually what I was thinking but wanted someone else's opinion.

[Guest CoreDocuments.com]

Normally this would be covered under "Non-FMLA Leaves of Absence" . Our document provides that:

"If a Participant goes on an unpaid leave of abscence that does not affect eligibility, then the Participant will continue to participate and the Contributions due for the Participant will be paid by pre-payment before going on leave, by after-tax contributions while on leave, or with catch-up contributions after the leave ends, as may be determined by the Plan Administrator."

Gene Ennis, CFC

www.CoreDocuments.com