establishing a return-to-work program complying with statutes, laws and rules on return to work

Establishing a Return-To-Work Establishing a Return-To-Work ProgramProgram

Complying with Statutes, Laws Complying with Statutes, Laws and Rules on Return to Workand Rules on Return to Work

Section 440.015 – Legislative Section 440.015 – Legislative IntentIntent

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

Section 440.15(6) – Obligation Section 440.15(6) – Obligation to Rehireto Rehire

Requires employers to make a good faith Requires employers to make a good faith effort to offer employees “work appropriate effort to offer employees “work appropriate to the employee’s physical limitation” to the employee’s physical limitation” within 30 days after the employee reaches within 30 days after the employee reaches MMIMMI

Must be within 100 mile radius of residenceMust be within 100 mile radius of residence Failure to make offer can result in finesFailure to make offer can result in fines Employee refusal may discontinue Employee refusal may discontinue

compensationcompensation

This section allows state agencies to return This section allows state agencies to return injured employees who cannot perform injured employees who cannot perform their regular duties, to the payroll to their regular duties, to the payroll to perform work that the employee is capable perform work that the employee is capable of performing ever if there is no established of performing ever if there is no established position in which the employee can be position in which the employee can be placedplaced

Section 216.251(2)(b)(2) – Section 216.251(2)(b)(2) – Salary Appropriations: LimitationsSalary Appropriations: Limitations

The purpose of this section was to create The purpose of this section was to create and promote a program that would allow and promote a program that would allow state agencies to take injured employees state agencies to take injured employees back before they were able to perform their back before they were able to perform their regular dutiesregular duties

This statute was necessary because state This statute was necessary because state agencies could only pay employees on a agencies could only pay employees on a regular payroll if that employee occupied an regular payroll if that employee occupied an authorized positionauthorized position

Section 216.251(2)(b)(2) – Section 216.251(2)(b)(2) – Salary Appropriations: LimitationsSalary Appropriations: Limitations

Americans with Disabilities Americans with Disabilities Act (ADA)Act (ADA)

The vast majority of workers’ compensation The vast majority of workers’ compensation injuries do not result in a “disability” under injuries do not result in a “disability” under ADAADA

It is important, however, to know what the It is important, however, to know what the ADA requires in a rehiring situationADA requires in a rehiring situation

ADA requires employers to rehire employees ADA requires employers to rehire employees with a disability (a physical or mental with a disability (a physical or mental impairment that substantially limits a major life impairment that substantially limits a major life activity such as walking, breathing, performing activity such as walking, breathing, performing manual tasks, working, etc.), who can, with or manual tasks, working, etc.), who can, with or without reasonable accommodation, perform without reasonable accommodation, perform the the essentialessential function of the job function of the job

Employers must provide Employers must provide accommodationsaccommodations unless doing so would create an undue unless doing so would create an undue hardship on the businesshardship on the business


Essential job functions are those functions that Essential job functions are those functions that the employee is actually required to perform the employee is actually required to perform and removal of that particular function would and removal of that particular function would fundamentally change the jobfundamentally change the job

Examples of Accommodations:Examples of Accommodations: Making the work environment accessible to and Making the work environment accessible to and

usable by the individual with the disabilityusable by the individual with the disability Restructuring the job functions to match the abilities Restructuring the job functions to match the abilities

of the worker (but not creating a new job)of the worker (but not creating a new job)


Modifying work schedulesModifying work schedules Reassigning injured employees to vacant positionsReassigning injured employees to vacant positions Acquiring or modifying equipment or devicesAcquiring or modifying equipment or devices

In Summary:In Summary: Employers must try to accommodate the Employers must try to accommodate the

impairments or limitations of injured employees impairments or limitations of injured employees with a disability and cannot have a policy of with a disability and cannot have a policy of only taking employees back when they are only taking employees back when they are 100%100%


Family and Medical Leave Act Family and Medical Leave Act of 1993 (FMLA)of 1993 (FMLA)

Requires employers to provide up to 12 Requires employers to provide up to 12 weeks of unpaid, weeks of unpaid, job protected job protected leave to leave to eligible employees for certain family and eligible employees for certain family and medical reasons including a serious medical reasons including a serious condition of the employeecondition of the employee

Cannot force employee to return to work in Cannot force employee to return to work in a modified position if they request FMLAa modified position if they request FMLA

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


Reasonable accommodation may be Reasonable accommodation may be necessary if an employee is returning from necessary if an employee is returning from FMLA with a disability covered under ADAFMLA with a disability covered under ADA


Section 284.44 – Section 284.44 – Salary Salary Indemnification Costs of State AgenciesIndemnification Costs of State Agencies

Provides state agencies with an incentive to Provides state agencies with an incentive to become actively involved in the prevention become actively involved in the prevention and management of workers’ compensation and management of workers’ compensation claimsclaims

This section requires state agencies to This section requires state agencies to reimburse Risk Management for the first reimburse Risk Management for the first ten weeks of temporary total disability ten weeks of temporary total disability benefitsbenefits

The money comes from salaries and The money comes from salaries and benefits funds at the agencybenefits funds at the agency

Section 284.44 – Section 284.44 – Salary Salary Indemnification Costs of State AgenciesIndemnification Costs of State Agencies

Career Service System RulesCareer Service System Rules

60K-5.031 – “Disability Leave” and 60K-6 60K-5.031 – “Disability Leave” and 60K-6 “Disability Leave With Pay”“Disability Leave With Pay” These rules provide that injured employees These rules provide that injured employees

shall be carried in full pay status for a period shall be carried in full pay status for a period not to exceed seven calendar days or 40 work not to exceed seven calendar days or 40 work hours immediately following the injuryhours immediately following the injury

An employee who returns to work and has An employee who returns to work and has exhausted the 40 hours of disability leave may exhausted the 40 hours of disability leave may be granted up to 6 workdays (48 hours) of be granted up to 6 workdays (48 hours) of additional disability leave for follow-up additional disability leave for follow-up examinations or treatment by the authorized examinations or treatment by the authorized treating physician treating physician

The sections also provide employees who are The sections also provide employees who are returned to alternate duty will be advised in returned to alternate duty will be advised in writing the duties performed, hours of work writing the duties performed, hours of work and the expected length of the alternate and the expected length of the alternate assignmentassignment


The performance of employees on alternate The performance of employees on alternate duty will be reviewed quarterlyduty will be reviewed quarterly

Employees are not allowed to continue Employees are not allowed to continue performing alternate duty after they reach MMI performing alternate duty after they reach MMI unless they are appointed to the position per unless they are appointed to the position per Chapter 60K-4, F.A.C. – “Appointments, Chapter 60K-4, F.A.C. – “Appointments, Status, Transfers and Separations” (see insert)Status, Transfers and Separations” (see insert)


establishing a return-to-work program complying with statutes, laws and rules on return to work

Documents