An employee who suffers an on-the-job injury may be permitted to take a medical leave of absence, subject to applicable federal and state laws if the employee’s medical condition prevents him or her from performing the essential functions of the job. Time spent on a leave of absence due to an on-the-job related injury will also count as leave under the Family Medical Leave Act.
Employees on leave due to on-the-job injuries may take up to six (6) months leave during a twelve (12) month period, while the employee remains under the care of a physician and restricted from working.
The employee’s health plan coverage will be maintained during the leave under the same conditions as if the employee had continued to work for the first twelve 12 weeks of leave. This means that the employee must continue to pay the portion he normally pays toward the insurance costs or risk cancellation of health benefits coverage during the leave. After twelve weeks of medical leave, the employee is responsible for paying the insurance costs, including the portion paid by the company if the employee was working, for the remaining duration of the medical leave. Payments for insurance costs will be due monthly. If an employee’s premium is more than thirty days (30) late, his or her health plan benefit coverage will cease. Information on how and when to make premium payments can be obtained from Human Resources. Benefits, such as vacation, continue to accrue for medical leave due to on-the-job injuries.
The employee will be retained on work-related disability leave status until one of the following circumstances occurs:
•The employee is released to work with no restrictions.
•The employee is released to work with some restrictions and the employer offers work that is consistent with the restrictions.
•Medical evidence establishes that the employee is permanently disabled from returning to usual duties even with reasonable accommodation.
•The employee informs the employer of the intent not to return to work (either directly communicating to the employer or by actions inconsistent with intent to return, such as moving out of state or accepting other employment).
FictionSoft may require a fitness for duty certification from the employee’s health care provider verifying the ability to return to work, with or without reasonable accommodation of the employee’s disability, if any. Under certain circumstances, employees may also be required to submit to a medical examination before returning to work. If the employee returns to work prior to the expiration of the medical leave, the employee will normally be returned to his or her former position or a comparable position. After the expiration of six (6) months of leave for an on-the-job injury, the employment of an employee who is unable or fails to return to work will be automatically terminated.