Return to similar position?
HRQ
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There is no such thing as a stupid question, right? ;;)
-Cook went on W/C Leave 3/13 for surgery
-Supervisor hires replacement cook with understanding that replacement cook will be placed in another position (asst teacher) when original cook returns
-Original cook provides doctor's release to full duty effective 7/10
-Supervisor wants to keep replacement as a cook and place the returning employee in a different position (asst teacher), because the replacement cook is doing a better job than the original cook
-I learned recently (from a post on the Forum!) that I could place an employee on W/C leave and FML concurrently, so no FMLA paperwork has been processed.
Questions;
1) Can we take injured employee back but in a different position than what she was when she left? (was a cook, make her come back as a teacher aide?)
2) Because cook was never put on FML, only w/c leave, does supervisor HAVE to place her in same/similar position or are we open to do what we want?
- or -
3) Can we begin FML retroactive, meaning her FML has expired and we don't have to put her in her same job?
4) The claim was originally denied by w/c carrier, appeal hearing is coming soon, attorney for w/c carrier says they will likely settle. Would any of this activity I'm asking about appear retalitory, even if it were legal?
Employee is 68 years old, has been with us for 13 years. No disciplinary documentation in her file.
I think I know the answers but am reaching here!
-Cook went on W/C Leave 3/13 for surgery
-Supervisor hires replacement cook with understanding that replacement cook will be placed in another position (asst teacher) when original cook returns
-Original cook provides doctor's release to full duty effective 7/10
-Supervisor wants to keep replacement as a cook and place the returning employee in a different position (asst teacher), because the replacement cook is doing a better job than the original cook
-I learned recently (from a post on the Forum!) that I could place an employee on W/C leave and FML concurrently, so no FMLA paperwork has been processed.
Questions;
1) Can we take injured employee back but in a different position than what she was when she left? (was a cook, make her come back as a teacher aide?)
2) Because cook was never put on FML, only w/c leave, does supervisor HAVE to place her in same/similar position or are we open to do what we want?
- or -
3) Can we begin FML retroactive, meaning her FML has expired and we don't have to put her in her same job?
4) The claim was originally denied by w/c carrier, appeal hearing is coming soon, attorney for w/c carrier says they will likely settle. Would any of this activity I'm asking about appear retalitory, even if it were legal?
Employee is 68 years old, has been with us for 13 years. No disciplinary documentation in her file.
I think I know the answers but am reaching here!
Comments
I would check with your state Workers' Comp board (or your attorney) regarding her reinstatement to another position. Is the employee qualified to work in the alternate position? Is the pay and benefits the same?
LFernandes
Basically, this one was a learning experience for me and the supervisor. I learned that FMLA can run concurrently with W/C leave. Had I placed her on FMLA when her Leave began, it would have expired prior to her return and we'd have more flexibility with her position, correct?
She is back to work today, in her old position. The supervisor will work with the employee to ensure the work area is safe (heavy objects being stored on high shelves was the reason for the injury), document a "return to work safely" discussion, AND make sure the employee knows it is her responsibility to speak up regarding any safety issues.
I'd still like to know if we could have reinstated her to a different position for which she is qualified without any problems.
I did have a talk with the supervisor about documenting the "softer" issues with employees, both with performance evals and disciplinary documents. She's good at documenting attendance, failure to follow policy, etc, but in this case she said the employee was combative (before the leave) and would only do her job "her way" and she didn't know how to approach those issues. Now she knows to call me as these things happen so we can discuss the appropriate action.