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DEPARTMENT OF ADMINISTRATIVE & FINANCIAL SERVICES
Bureau of Human Resources
July 7, 2004

HUMAN RESOURCES MEMORANDUM 6-04

TO: All Agency Department Heads, Human Resource Representatives, Workers' Compensation Designees
SUBJECT: Use of Sick Leave Workers' Compensation / FML


In many cases a workers’ compensation leave may also qualify as a covered health condition within the purview of the Maine State Government Family and Medical Leave Policy (Human Resource Memorandum 17-93). HR Memo 17-93 provides that in the event of a covered serious health condition employees must use available sick leave [use (d) in the MSGFML Policy].

It has come to our attention that where a work-related injury is involved employees have long been permitted to decide whether or not to use accumulated sick leave in conjunction with the injury, a situation that creates a conflict between these policies. In considering this situation, it has been determined that in the narrowly defined circumstance where a work-related injury is involved, employees may continue to decide whether or not to use accumulated sick leave in conjunction with the injury. Whether or not the employee decides to use sick leave, a workers’ compensation leave and leave under the Maine State Government Family and Medical Leave Policy can occur simultaneously provided the reason for the absence is due to a qualifying health condition and the employer has properly notified the employee, in writing, that the workers’ compensation leave will be counted as Family Medical Leave.

 

S /Donald A. Wills
Donald A. Wills, Director
Bureau of Human Resources