Workers’ Compensation, Family Medical Leave, And The Americans With Disability Act: You May Have Heard of These Laws, But How Do They Apply To You! Presented By: Mark Langdorf Presented To: School and Department Secretaries Date of Presentation(s): July 16 and July 18, 2013

Workers’ Compensation Requires the employer to pay for all employee injury related medical care and a majority of lost wages following a work related accident regardless of who is at fault for the accident. Law requires this benefit and employers are required to provide this benefit at no cost to the employee. Can be costly to the district if not managed properly.

Workers’ Compensation How To Manage Costs Make sure all accidents involving employees and volunteers are reported and recorded properly (we will go over the process next). Evaluate each accident and injury and make sure, only life-threatening conditions get care from a hospital emergency room. Make sure all employee’s that report they were injured doing work for the district, get a drug screen upon report. Make sure following each injured worker’s doctor’s appointment you get a doctor note and a completed leave form from the employee if the doctor took them out of work or if you cannot accommodate light duty.

Workers’ Compensation How To Manage Costs If the workers’ compensation physician allows the employee to return to work light duty, provide this type of work or call us for assistance. Let the employee be responsible for their claim and hold them accountable i.e. setting doctor/physical therapy appointments, providing notes, completing leave forms, employee discipline, etc. Ask the employees supervisor to investigate and document how and why the accident happened. Injured worker and witnesses to the accident should be present. Goal: see if we can avoid future injury. Accident reduction or avoidance through school/department safety program.

What you can expect? Employee speaks confidentially with Nurse. Nurse Report, first drug fill, and medical referral instruction e-mailed to employee, secretary and risk management. Injury occurs. Employee advises supervisor. School Secretary or Supervisor calls in the incident to the dedicated Sedgwick line 1-866-350-8665 Once report is taken, the intake center will transfer the call to the dedicated School Board of Brevard County nurse Employee speaks confidentially with Nurse. Nurse reviews symptoms & recommends appropriate care. If provider care is recommended, Nurse schedules appointment and faxes the nurse report to doctor. Follow up survey within 24-36 hours of triage

Workers’ Compensation Call-In Process Employee comes to you regarding an injury. If you feel it is life- threatening call 911. If the injury is not life threatening complete call-in sheet. Upon completion of call-in sheet call (866) 350-8665 When prompted provide all the information listed on the call in sheet then give the phone to the injured worker. While the employee is on the phone, prepare the drug free workplace forms.

Workers’ Compensation Call-In Process When employee finishes call with nurse, you will be placed on the phone again for follow up discussion and instruction. Follow the nurse’s instructions on medical care. Send employee for their drug screen and medical treatment. Following medical treatment and employees return to work obtain doctor note and if necessary obtain leave forms. If employee cannot work or unable to work regular work schedule obtain completed FMLA form and submit to human resources If employee is able to return to work with limitations, do so. After each future doctor appointment obtain note and if necessary a leave form.

Family Medical Leave Act - FMLA Employee job-protected leave (must have worked 1,250 hours prior to leave) for self or family medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to: Twelve workweeks of leave in a 12-month period for: the birth of a child and to care for the newborn child within one year of birth; the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement; to care for the employee’s spouse, child, or parent who has a serious health condition; a serious health condition that makes the employee unable to perform the essential functions of his or her job; any qualifying injury arising out of the employee or employee’s spouse, son, daughter, or parent of a covered military member on “covered active duty;” or 26 workweeks of leave during a single 12-month period to care for a covered military member with a serious injury or illness to the employee’s spouse, son, daughter, parent, or next of kin who is a qualifying military member.

Family Medial Leave Act – What To Do If an employee seeks leave due for medical care (including workers compensation) that may be associated with a qualifying condition, make sure the FMLA leave application form is completed and kept on file. If the employee is out > 5 days then send the application form to human resources along with the completed leave form. If an employee is taking time off work and you suspect it may be due to a qualifying medical condition, inform them of their rights under FMLA. Review Board Policy 4430.01 FMLA Leave for further clarification on rights and our responsibility to the employee. Communicate with Human Resources on this issue if you have any questions or need assistance (Florencia Cardona ext. 219 or Bernice Johnson ext. 263). Go to the following website to obtain FMLA forms and information: http://benefits.brevard.k12.fl.us/HR/LOA/LOA%20Forms%20Documents%20&%20FMLA%20Certifications.htm Provide the appropriate leave as directed by the employee’s physician. This leave can be for days or weeks, but can also be periodic leave or intermittent leave.

The Americans With Disability Act (ADA) The Americans with Disability Act (ADA) prohibits discrimination against people with disabilities in employment, transportation, public accommodation, communications, and governmental activities. The employment provisions of the ADA require: equal opportunity in selecting, testing, and hiring qualified applicants with disabilities; job accommodation for applicants and workers with disabilities when such accommodations would not impose "undue hardship;" and equal opportunity in promotion and benefits.

The Americans With Disability Act (ADA) – What to Do If an applicant or existing employee advises you that they have a physical or mental limitation that will interfere or not allow them to do any part of the existing job it is important that you inform them of their rights under the ADA and you must give them the right to seek an accommodation. If you are aware that an employee has a condition that may qualify them under ADA and they are not aware of their rights, you must inform them of their rights and must give them the right to seek an accommodation. For work related injuries, this will not be an issue until the physician places the employee at maximum medical improvement. If you have a question related to work related issues such as this call risk management. If you become aware of folks needing assistance or have any questions about this law, communicate with human resources. We have attached information taken from the HR website that may assist you.