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W/C Placed Off Work-California California

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  • W/C Placed Off Work-California California

    Happy Friday! how long do you allow an employee on a leave when placed off work for w/c injury (besides the California Leave entitlement) and/or if not able to accommodate modified duty?

  • #2
    There is no magic number in any state. Why are you looking to terminate? It makes a difference.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      How long has the employee been off?

      We also need the answer to Elle's question. Thanks.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        W/C Leave-california

        I am creating a policy and currently we have individuals that have been on a Leave for 3 years. I want to enforce a reasonable and consistent leave policy.




        Originally posted by Tsa Tsi View Post
        Happy Friday! how long do you allow an employee on a leave when placed off work for w/c injury (besides the California Leave entitlement) and/or if not able to accommodate modified duty?

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        • #5
          W/C Leave-california

          Hello, no reason. I need to create a policy and be consistent across the board. we currently have individuals who have been off work for over 3 years.

          Originally posted by Betty3 View Post
          How long has the employee been off?

          We also need the answer to Elle's question. Thanks.

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          • #6
            I am not in your state.

            My state has a law that an employee who is out on a workers comp claim can (legally) be let go as soon as their FMLA is up, if FMLA applies, or immediately if FMLA does not apply, as long as the employer does not treat them differently than an employee on a non-work related, non-FMLA medical leave would be treated. However, after the employee with a workers comp claim is medically cleared to return to work, we MUST give him preferential treatment with regards to any open position for which he is qualified. We do not have to create a position in which to return him to work; we do not have to fire or relocate someone else so that the no-longer-injured worker can have his job, and we do not have to put him into a position for which he is not qualified. We do have to give them first shot at any position for which they are qualified and for which we would have to hire someone anyway.

            With this in mind, we will keep most employees who are on workers comp and who has elected long term disability, on active status indefinitely. They are still eligible for some, but not all benefits. We may well have filled their position, but they are still considered active employee.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              If you have employees sitting off work due to injury for 3 years, you have much bigger problems. There is no one size fits all answer and your state does offer much more protection than most, but it is not without limit. Can you offer light/modified duty? You should be. If not, have you pushed for an IME to determine if this employee will ever be able to return? After 3 years, it is doubtful but that isn't the end of the claim. It just means that you need to proceed in a different way with voc rehab.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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              • #8
                W/C Leave-California

                Happy Tuesday All! your feedback has helped I will take this information into consideration for my policy.

                Thanks

                tsa tsi

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                • #9
                  W/c

                  Wow. 3 years? I hope the policy is adopted soon and specifies the process. That will be better for everyone. First, lets put the facts on the table - if you have someone on WC for 3 years, either they (A) are actually disabled and never finished out that process, (B) still in rehab, and/or (C) enjoying a long paid vacation. I admit I am cynical - I lean toward (C). In either case, I agree with my colleagues that you should offer light duty as soon as possible. I am a fan of the "annoy your employee back to work" methodology myself. Facts show that the longer a person is away from work, the less likely they are to return. Even if it is to do nothing more than answer the phone (be ready to offer hands free equipment, etc ). Best of luck.

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                  • #10
                    W/C Placed Off Work-Cali

                    Originally posted by MO Crazy View Post
                    Wow. 3 years? I hope the policy is adopted soon and specifies the process. That will be better for everyone. First, lets put the facts on the table - if you have someone on WC for 3 years, either they (A) are actually disabled and never finished out that process, (B) still in rehab, and/or (C) enjoying a long paid vacation. I admit I am cynical - I lean toward (C). In either case, I agree with my colleagues that you should offer light duty as soon as possible. I am a fan of the "annoy your employee back to work" methodology myself. Facts show that the longer a person is away from work, the less likely they are to return. Even if it is to do nothing more than answer the phone (be ready to offer hands free equipment, etc ). Best of luck.
                    (C) it is I totally agree with you!

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