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workcomp and schedule
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workcomp and schedule
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I have a employee that was released back from a workcomp injury. She normaly works days but our day shift are all full. Do you see a problem putting her on Nights. I think she might see a
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Forums » Topic Forums » Legal Forum » workcomp and schedule
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workcomp and schedule
posted at 11/29/2011 6:01 PM EST
on Workforce Management
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Posts: 2
First: 9/22/2011 Last: 11/29/2011 |
I have a employee that was released back from a workcomp injury. She normaly works days but our day shift are all full. Do you see a problem putting her on Nights. I think she might see a problem but legaly is it a issue. Same work, same pay |
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Re: workcomp and schedule
posted at 11/29/2011 8:13 PM EST
on Workforce Management
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Posts: 222
First: 9/29/2011 Last: 5/15/2013 |
This will depend on your state's WC regulations, but generally speaking returning the employee to the same or a substantially similar position is all that is required. You might want to check with your WC carrier. They're usually quite up on individual state Wc regulations and WC advice is part of what you pay premiums for.
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Re: workcomp and schedule
posted at 11/29/2011 8:19 PM EST
on Workforce Management
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Posts: 215
First: 9/20/2011 Last: 5/14/2013 |
In Response to workcomp and schedule: I have a employee that was released back from a workcomp injury. She normaly works days but our day shift are all full. Do you see a problem putting her on Nights. I think she might see a problem but legaly is it a issue. Same work, same pay Posted by Wdutch In general, the workers comp claim returnee is entitled to bump out the person that took her position. So unless the job no longer exists you must put her back in the job she had. |
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Re: workcomp and schedule
posted at 11/29/2011 8:21 PM EST
on Workforce Management
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Posts: 215
First: 9/20/2011 Last: 5/14/2013 |
In Response to Re: workcomp and schedule: This will depend on your state's WC regulations, but generally speaking returning the employee to the same or a substantially similar position is all that is required. You might want to check with your WC carrier. They're usually quite up on individual state Wc regulations and WC advice is part of what you pay premiums for. Posted by nork4 IMHO night shift is not substantially similar. She probably has the right to the day job. |
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Re: workcomp and schedule
posted at 11/30/2011 9:55 AM EST
on Workforce Management
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Posts: 180
First: 9/21/2011 Last: 5/14/2013 |
Is your company large enough to be an eligible employer under FMLA? If so, was this employee eligible for FMLA protection? If true, then you also have to follow "return to job" protection under FMLA, not just WC. |
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Re: workcomp and schedule
posted at 12/7/2011 1:51 PM EST
on Workforce Management
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Posts: 1
First: 12/7/2011 Last: 12/7/2011 |
In Response to Re: workcomp and schedule: Is your company large enough to be an eligible employer under FMLA? If so, was this employee eligible for FMLA protection? If true, then you also have to follow "return to job" protection under FMLA, not just WC. In this case, yes, I would put her back on day shift even if that means bumping someone else. In hindsight, whoever I moved into that slot would have been told it was temporary until the injured worker was allowed to return--- so as to set expectations right up front. Posted by rrupert Agreed. A night shift might be considered a different job (you have to admit, it does change one's life substantially) and you then face a potential claim of retaliation and interference with WC from the employee. Additionally, as FMLA and WC run concurrently (if you as a company and the employee are eligible for FMLA), the employee would be entitled to return to the day shift. If an employee is injured at work, they are entitled to WC. If the employee is ready to return to work, I would return her to the job she held prior to her recovery period. And, as stated above, the individual moved into the open spot should have been told it was temporary - unless of course, that was never the intention...in which case, that opens another can of worms. |
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