Tripped after Lay Off Notice
pecohr
150 Posts
I have an EE who received his lay off notice, prior to his lay off, per bargining unit agreement. On his last day of work he tripped and hurt his ankle and filed an 801 for WC. At that time he declined to use his option to bump into a lower classification (bargining unit contract states he had one day to elect to bump).
He now has been released to work by his doctor and wants to take his bump option. Our position is that he should have taken that action prior to his lay off day per his BU contract. Does the WC issue impact this decision?
He now has been released to work by his doctor and wants to take his bump option. Our position is that he should have taken that action prior to his lay off day per his BU contract. Does the WC issue impact this decision?
Comments
you follow the Collective Bargaing Agreement. He waived his opportunity;
and, unless the Agreement provides him with another opportunity due to his WC accident, he is not entitled to one. You can never go wrong when you follow the Agreement, unless you have established past practice in doing otherwise.