Help with workers comp question issues

gingerflwrs

Does anyone have answers to the following:

Is a private employer required to continue accruing vacation for an employee out on workers' comp? Our policy says they cannot, however, I've never come across this situation before and want to make sure it is legal.

Employee has returned from workers' comp after being out for 7 months. Came back for 4 weeks on restricted duty before being released without restrictions. The employee was released to full duty and started working 40 hours plus overtime. It has been suggested that maybe that is asking her to work too much and we should stop her overtime. The rest of the department has been put on mandatory overtime so she does know it is required. My concern is if we ask her to stop working overtime are we violating her rights as far as returning to work fully released? Would this be viewed a retaliation even though it is only concern for her own health?

Thanks for the help.

E Wart

Sounds like you are making decisions as to her medical condition. If the doctor knows her job requirements (and one of those is possible OT), I don't know why you wouldn't treat this employee as any other.... they have been totally released. If they don't know the reqjirements of the job, maybe you should send them a position descripiton to just confirm that they are totally released and there are no restriction. Now if employee comes to you and says that they can't work overtime, then you may need to get the doctor's opinion.

E Wart

C Wilson

If the vacation is based on a formula for hours worked, you are not required to accrue vacation time for an absent employee. If your vacation is based on a week say after one year of employment and the employee has passed the one year anniversary date then you would be required to pay one week's vacation.

As long as the employees doctor is aware of the job requirements I would require that she work overtime just the same as everyone else.