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Disability - Job Description vs Occupation Description
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Disability - Job Description vs Occupation Description
Exchange ideas about health plans, retirement, work/life benefits, and employee assistance.
When in the case of STD turning into LTD, STD is generally based on the job description of an ee, provided by the company. With LTD, this becomes an occupation description, which may vary wildl
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Disability - Job Description vs Occupation Description
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Disability - Job Description vs Occupation Description
posted at 10/31/2011 1:46 PM EDT
on Workforce Management
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Posts: 14
First: 10/31/2011 Last: 5/30/2012 |
When in the case of STD turning into LTD, STD is generally based on the job description of an ee, provided by the company. With LTD, this becomes an occupation description, which may vary wildly from the company's job description for a particular position. As an example: a sales associate at a large department store may have a job description requiring them to be able to lift 20 lbs, where as a sales associate at a grocer would have a job description requiring them to lift a substantial amount more. Where exactly does a disability insurance provider get these "occupation" descriptions, and are they specific from industry to industry, or even in regards to size of the workplace. For instance, a dept store sales clerk may have a job that requires them to run a cash register and assist customers, whereas a sales associate at a small or specialty store would be required not only to do that, but also stock shelves, help with displays, etc. Any info would be much appreciated. |
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Re: Disability - Job Description vs Occupation Description
posted at 11/1/2011 11:26 AM EDT
on Workforce Management
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Posts: 127
First: 9/21/2011 Last: 11/12/2012 |
It is my understanding that LTD has different criteria on what is considered disabled enough to fall under LTD vs say what is required to get STD. Sometimes this will work in the employee's favor and other times not depending on how their employer writes their company's job descriptions. Your STD/LTD carrier should be able to provide you with information and should be able to give you occupation descriptions/requirements for the occupations within your company. Either that or your benefits broker, if you have one. That's where i would go first! |
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Re: Disability - Job Description vs Occupation Description
posted at 11/1/2011 5:12 PM EDT
on Workforce Management
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Posts: 14
First: 10/31/2011 Last: 5/30/2012 |
Thank you. Apparently "occupation" based job descriptions do not differentiate between someone required to run a cash register, and someone who may also be required to lift boxes of merchandise. As far as they are concerned, 10 lbs with 20 lbs occasional. If an associate has a lifting restriction, perhaps during pregnancy, they cannot return to work, if their job description requires them to be able to lift 25 or 30 or whatever. STD will pay...but LTD is denied, so the ee is just out of luck. It seems like there should be more defined job classifications. |
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Re: Disability - Job Description vs Occupation Description
posted at 11/3/2011 10:52 AM EDT
on Workforce Management
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Posts: 127
First: 9/21/2011 Last: 11/12/2012 |
There are a few possibilities to help with the situation...however realize that if you make an exception for one employee, then you are setting a precedent on how you handle future situations (that might not be something the employer wants to do) (1) You might consider asking your carrier if you can buy an STD policy for a longer length than normal policies. Obviously it will cost more in premiums because the benefit is extended. But usually STD policies are for around 26 weeks or 1/2 a year. Which is generally more than enough time to recover from a short term situation such as pregnancy unless there are major complications. (2) The employer has the right to offer "light duty" , modify the job description, or do a job transfer to allow for "light duty" for such situations. For example, when I was on bed rest due to a high risk multiple pregnancy, my employer let me telecommute (from bed no less). I was able to work at least part time doing my same job. STD paid for a partial amount of lost wages and I used much less FMLA time before my twins were born so I had more for afterwards. A lot of employers however only allow for "light duty" for employee's whose medical issues stem from an accident at work and fall under Workers Compensation. And many don't want to allow the job description of a specific position to be changed because again it is a precedent. Instead I would suggest moving the employee from one job description to another. You do have to be careful in regards to retaliation for FMLA (if applicable). But you can accommodate from an employer side, IF that is what the employer wants to do. |
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Re: Disability - Job Description vs Occupation Description
posted at 11/3/2011 1:47 PM EDT
on Workforce Management
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Posts: 14
First: 10/31/2011 Last: 5/30/2012 |
rrupert, thank you so much for your post. Unfortunately none of the options are viable for us. We are in a somewhat different situation than a lot of industries, with the majority of our field employees being female....and many in child bearing age. This is where the problem sometime comes in because once we know of a lifting restriction, we have to put them out. No exceptions are made in the field. All RTW's must be without restrictions, across the board. We have small stores and there is not an abundance of employees in the store to guarantee that the returning associate would be able to avoid any of the job duties required. We discussed with our new life/disability carrier for the coming year, but due to the fact that we have so many employees with STD, and the fact that we pay 100% of the cost, extending the STD time isn't feasible and would not be approved. Luckily it doesn't happen too frequently, but with young mothers having their first pregnancy, and all excited sometimes ask at their first OB visit if there is anything they shouldn't be doing. The truth is, chances are, they really would not have to do any heavy lifting, however you really can't have this many associates in various states, and have a policy that is as flexible as what would be needed to accomodate. Again, thank you for your input. |
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Re: Disability - Job Description vs Occupation Description
posted at 11/3/2011 3:59 PM EDT
on Workforce Management
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Posts: 148
First: 9/29/2011 Last: 12/10/2012 |
You seem rather focused on pregnancy and perhaps, given your workforce, properly so. I'm troubled by that as well as your comment that "...chances are, they really would not have to do any heavy lifting". If that's the case, is having your pregnant employees leave to go on STD reasonable? Would it be defensible in a pregnancy disability discrimination case? Are you applying the same standards to all employees regarding lifting and not just the pregnant ones? I would recommend that you get the opinion of outside counsel familiar with pregnancy disability cases rather than your STD carrier. |
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Re: Disability - Job Description vs Occupation Description
posted at 11/3/2011 5:31 PM EDT
on Workforce Management
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Posts: 148
First: 9/20/2011 Last: 12/12/2012 |
Normal pregnancies will not and should not qualify for LTD. One of the key requirements for LTD is that the claimant will not be able to return to work. If they are expected to return then it is not a permanent situation that is normally covered by insured LTD programs. You can of course create your own, uninsured extension of STD to cover gaps that can occur between the two programs. As long it covers all staff and is consistent in its coverage, it should be ok. |
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Re: Disability - Job Description vs Occupation Description
posted at 11/4/2011 11:20 AM EDT
on Workforce Management
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Posts: 127
First: 9/21/2011 Last: 11/12/2012 |
Nork brings up a very good point. The EEOC states that "Pregnant employees must be permitted to work as long as they are able to perform their jobs."....what worries me is your statement that "they really would not have to do any heavy lifting" .... but yet you have a lifting requirement in your job description. If the overwhelming # of issues are pregnancy, I would strongly suggest trying to see whether there is truly some type of change that could be made. Is your job description on lifting accurate? If chances are they won't have to lift x pounds, are you putting in there the FREQUENCY of how often they would have to lift it? Or is the job description truly accurate for what the associates are really doing on a daily basis? Also it surprises me that STD will payout on a lifting restriction alone with no other medical issues and that it meets the definition of an STD. That seems like an abuse of the use of STD and I am surprised the STD carrier isn't questioning the frequency of the claims. |
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Re: Disability - Job Description vs Occupation Description
posted at 11/4/2011 1:37 PM EDT
on Workforce Management
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Posts: 148
First: 9/29/2011 Last: 12/10/2012 |
Great point about the STD, rrupert. Generally, STD doesn't kick in for pregnancy until 4 weeks prior to estimated delivery for normal pregnancies. Since STD providers make their money on how much they're NOT paying out, I agree with rrupert that paying STD benefits prior to the normal 4 weeks flies in the face of my experience. |
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Re: Disability - Job Description vs Occupation Description
posted at 11/5/2011 4:30 PM EDT
on Workforce Management
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Posts: 13
First: 10/24/2011 Last: 8/22/2012 |
When it comes to LTD, insurance carriers generally use job descriptions in the national economy. These descriptions don't vary much from carrier to carrier, but they also aren't indentical. Since you have so many employees elly, it might behoove you to work with a consultant on creating job titles that may be more accommodating for your workforce when it comes to your LTD contract. Bear in mind, I've never heard of this being done, however, it would seem to me that it would be feasible. |
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