Establishing a Return-To-Work Program Complying with Statutes, Laws and Rules on Return to Work

Section – Legislative Intent  It is the intent of the Legislature that the Workers’ Compensation Law be interpreted so as to assure the quick and efficient delivery of disability and medical benefits to an injured worker and to facilitate the worker’s return to gainful reemployment at a reasonable cost to the employer

Section (6) – Obligation to Rehire  Requires employers to make a good faith effort to offer employees “work appropriate to the employee’s physical limitation” within 30 days after the employee reaches MMI  Must be within 100 mile radius of residence  Failure to make offer can result in fines  Employee refusal may discontinue compensation

 This section allows state agencies to return injured employees who cannot perform their regular duties, to the payroll to perform work that the employee is capable of performing ever if there is no established position in which the employee can be placed Section (2)(b)(2) – Salary Appropriations: Limitations

 The purpose of this section was to create and promote a program that would allow state agencies to take injured employees back before they were able to perform their regular duties  This statute was necessary because state agencies could only pay employees on a regular payroll if that employee occupied an authorized position Section (2)(b)(2) – Salary Appropriations: Limitations

Americans with Disabilities Act (ADA)  The vast majority of workers’ compensation injuries do not result in a “disability” under ADA  It is important, however, to know what the ADA requires in a rehiring situation

ADA requires employers to rehire employees with a disability (a physical or mental impairment that substantially limits a major life activity such as walking, breathing, performing manual tasks, working, etc.), who can, with or without reasonable accommodation, perform the essential function of the job ADA requires employers to rehire employees with a disability (a physical or mental impairment that substantially limits a major life activity such as walking, breathing, performing manual tasks, working, etc.), who can, with or without reasonable accommodation, perform the essential function of the job Employers must provide accommodations unless doing so would create an undue hardship on the business Employers must provide accommodations unless doing so would create an undue hardship on the business Americans with Disabilities Act (ADA)

Essential job functions are those functions that the employee is actually required to perform and removal of that particular function would fundamentally change the job Essential job functions are those functions that the employee is actually required to perform and removal of that particular function would fundamentally change the job Examples of Accommodations: Examples of Accommodations: Making the work environment accessible to and usable by the individual with the disability Making the work environment accessible to and usable by the individual with the disability Restructuring the job functions to match the abilities of the worker (but not creating a new job) Restructuring the job functions to match the abilities of the worker (but not creating a new job) Americans with Disabilities Act (ADA)

Modifying work schedules Modifying work schedules Reassigning injured employees to vacant positions Reassigning injured employees to vacant positions Acquiring or modifying equipment or devices Acquiring or modifying equipment or devices  In Summary: Employers must try to accommodate the impairments or limitations of injured employees with a disability and cannot have a policy of only taking employees back when they are 100% Employers must try to accommodate the impairments or limitations of injured employees with a disability and cannot have a policy of only taking employees back when they are 100% Americans with Disabilities Act (ADA)

Family and Medical Leave Act of 1993 (FMLA)  Requires employers to provide up to 12 weeks of unpaid, job protected leave to eligible employees for certain family and medical reasons including a serious condition of the employee  Cannot force employee to return to work in a modified position if they request FMLA

 An employer is required to place a returning employee (from FMLA) in the job previously held or in an “equivalent position with equivalent employment benefits, pay and other terms and conditions of employment” Family and Medical Leave Act of 1993 (FMLA)

 Reasonable accommodation may be necessary if an employee is returning from FMLA with a disability covered under ADA Family and Medical Leave Act of 1993 (FMLA)

Section – Salary Indemnification Costs of State Agencies  Provides state agencies with an incentive to become actively involved in the prevention and management of workers’ compensation claims  This section requires state agencies to reimburse Risk Management for the first ten weeks of temporary total disability benefits

 The money comes from salaries and benefits funds at the agency Section – Salary Indemnification Costs of State Agencies

Career Service System Rules  60K – “Disability Leave” and 60K-6 “Disability Leave With Pay” These rules provide that injured employees shall be carried in full pay status for a period not to exceed seven calendar days or 40 work hours immediately following the injury These rules provide that injured employees shall be carried in full pay status for a period not to exceed seven calendar days or 40 work hours immediately following the injury

An employee who returns to work and has exhausted the 40 hours of disability leave may be granted up to 6 workdays (48 hours) of additional disability leave for follow-up examinations or treatment by the authorized treating physician An employee who returns to work and has exhausted the 40 hours of disability leave may be granted up to 6 workdays (48 hours) of additional disability leave for follow-up examinations or treatment by the authorized treating physician The sections also provide employees who are returned to alternate duty will be advised in writing the duties performed, hours of work and the expected length of the alternate assignment The sections also provide employees who are returned to alternate duty will be advised in writing the duties performed, hours of work and the expected length of the alternate assignment Career Service System Rules

The performance of employees on alternate duty will be reviewed quarterly The performance of employees on alternate duty will be reviewed quarterly Employees are not allowed to continue performing alternate duty after they reach MMI unless they are appointed to the position per Chapter 60K-4, F.A.C. – “Appointments, Status, Transfers and Separations” (see insert) Employees are not allowed to continue performing alternate duty after they reach MMI unless they are appointed to the position per Chapter 60K-4, F.A.C. – “Appointments, Status, Transfers and Separations” (see insert) Career Service System Rules