Eligibility/hours of service while on workers comp

[Guest Peggy806]

An employee is out on workers' comp on the date he would be eligible to participate in the plan. I searched the site, but I don't see anything regarding this. Would this employee be considered an eligible employee if he is not working due to workers' comp on his eligibility date or can we consider him terminated and not consider him eligible. The document says the employee must be employed on the eligibility date, but I'm not certain if he is "employed" if he is being paid from workers' comp. Thanks

[GMK]

Does the company consider him terminated, process termination forms, etc., and take him off the payroll list when he goes on WC?

[Guest Peggy806]

Does the company consider him terminated, process termination forms, etc., and take him off the payroll list when he goes on WC?

I will ask. I wasn't sure what to ask him since I'm not astute in WC laws. Thanks for the input.

[PensionPro]

An employee is out on workers' comp on the date he would be eligible to participate in the plan. I searched the site, but I don't see anything regarding this. Would this employee be considered an eligible employee if he is not working due to workers' comp on his eligibility date or can we consider him terminated and not consider him eligible. The document says the employee must be employed on the eligibility date, but I'm not certain if he is "employed" if he is being paid from workers' comp. Thanks

If the employee is not terminated and receiving pay, the employee is eligible to participate. If the employee is not terminated and not receiving pay, the employee is eligible to participate upon return to service. If the employee is terminated, treat the employee as you would any other terminated employee.

[masteff]

Another question is if the company is subject to FMLA.

Does the plan document have section on leaves of absence?

[Belgarath]

While you'll have to check your document, please see the following excerpt from DOL regulation 2530.200b02:

(ii) An hour for which an employee is directly or indirectly paid,

or entitled to payment, on account of a period during which no duties

are performed is not required to be credited to the employee if such

payment is made or due under a plan maintained solely for the purpose of

complying with applicable

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workmen's compensation, or unemployment compensation or disability

insurance laws;