Procedures

Regulations

1. Compliance Requirements for Injured employees: 
   1. In the case of a work-related injury, the injured employee will seek care through the Certified Workplace Medical Plan (CWMP) selected by the Library. 
   2. The injured worker is expected to comply with requests from the Library to provide necessary injury report data and physicians statements; also, to be examined by additional physicians/clinicians designated by the Library. 
2. Income reimbursement for time lost because of a work-related injury: 
   1. An employee will not be docked or charged leave for time off due to a certified disability from injury if the time off is during regularly scheduled hours and not covered by workers' compensation insurance; however, all workers’ compensation absences will be considered as leave under the Family and Medical Leave Act (FMLA) , if applicable. 
   2. As soon as it is determined that the certified disability lasts longer than the workers' compensation insurance waiting period for coverage, the injured worker who has no accrued leave will be removed from the Library's payroll; the injured worker who has available leave will be given the following options: 
      1. Remain on the payroll and use available leave to make up the difference between workers' compensation and regular library pay, or, 
      2. Go off the payroll 
   3. The option of remaining on the payroll ends when the available leave balances reach zero. 
   4. The Library will cease all Library contributions for the injured employee's group medical insurance and other benefits after the FMLA coverage period is exhausted or after the employee goes off the payroll, whichever is the longer period. unpaid FMLA leave and paid leave run concurrently.) 
   5. The employee receiving workers' compensation and no library pay after the FMLA coverage period is exhausted may arrange to continue paying for benefits previously paid by the Library and/or paid by payroll deductions, such as medical insurance under COBRA, credit union deposits, other insurance, in accordance with the provisions of individual plans or to discontinue such payments and benefits. Note: an injured worker that does not elect COBRA will be re-enrolled for coverage upon returning to work.. 
3. Job retention rights of injured employees: 
   1. The Library may not discharge any employee because the employee has in good faith: 
      1. Filed a claim; 
      2. Retained a lawyer for representation regarding a claim; 
      3. Instituted or caused to be instituted, any proceeding under the provision of the state workers’ compensation law. 
   2. The Library may not discharge any employee during a period of temporary total disability solely based on absence from work. 
   3. After an employee’s period of temporary total disability has ended, the Library is not required to rehire or retain any employee who is determined to be physically unable to perform his or her assigned duties. 
4. Return to work: 
   1. Leave of absence for twelve weeks or less:
      An injured employee who returns to work within the FMLA coverage period after being removed from the payroll is eligible to return to the same or equivalent position with the Library. Annual leave and sick leave accumulated to that point will be credited to the employee, if applicable. An employee on FMLA leave has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the FMLA period.  
   2. Long-term leave of absence:
      If an injured employee is unable to return to work within the FMLA coverage period or balance of accrued leave, whichever is greater, the Library will not ensure a return in the same or a position equivalent to that which the employee held at the time of the work-related injury; however, the Library will consider placement of the employee in a similar or lower grade position for which the employee is qualified if the employee is given a medical release to return to work. Annual leave and sick leave accrued from the time of the disabling injury through the FMLA coverage period will be credited to the employee, if applicable.  
   3. Resignation:
      The failure to report to work within 14 calendar days following a valid medical release to return to work shall be treated as a resignation and a termination of all rights of employment. The refusal to accept an offer of re-employment in a similar or reasonably comparable position shall also be treated as a resignation.