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How long can employee be on workers’ comp before I hire a replacement?

04/30/2012

Q. I have a key maintenance employee on workers’ compensation since April 3, 2012. He was released to light duty on April 12 to a sedentary/sitting limitation, which we did not have available for his position. When should I start him on FMLA ... or can I? He is scheduled to go back to the doctor this week. I don't anticipate him being released to work. If the doctor does not release him at that time, after 12 weeks of FMLA can he be terminated while still on workers’ comp? Not having our maintenance person available is causing a hardship on the facility, so how long can he be on workers’ comp before I can hire a replacement? – Stacey, Kentucky

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