Transcript Establishing a Return-To

Establishing a Return-To-Work
Program
Complying with Statutes, Laws
and Rules on Return to Work
Section 440.015 – 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 440.15(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
Section 216.251(2)(b)(2) –
Salary Appropriations: Limitations
 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 216.251(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
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
Americans with Disabilities
Act (ADA)


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
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
Examples of Accommodations:
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)

Americans with Disabilities
Act (ADA)
Modifying work schedules
 Reassigning injured employees to vacant positions
 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%
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
Family and Medical Leave Act
of 1993 (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
Section 284.44 – 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
Section 284.44 – Salary
Indemnification Costs of State Agencies
 The money comes from salaries and
benefits funds at the agency
Career Service System Rules
 60K-5.031 – “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
Career Service System Rules


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
Career Service System Rules


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)