WORKERS’ COMPENSATION, FAMILY MEDICAL LEAVE,
AND THE AMERICANS WITH DISABILITY ACT:
YOU MAY HAVE HEARD OF THESE LAWS, BUT HOW DO
THEY APPLY TO YOU!
Presented By: Mark Langdorf
Presented To: School and Department Secretaries
Date of Presentation(s): July 16 and July 18, 2013
Workers’ Compensation
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Requires the employer to pay for all
employee injury related medical care and a
majority of lost wages following a work
related accident regardless of who is at
fault for the accident.
Law requires this benefit and employers are
required to provide this benefit at no cost to
the employee.
Can be costly to the district if not managed
properly.
Workers’ Compensation How To Manage Costs
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Make sure all accidents involving employees and volunteers are
reported and recorded properly (we will go over the process next).
Evaluate each accident and injury and make sure, only life-threatening
conditions get care from a hospital emergency room.
Make sure all employee’s that report they were injured doing work for
the district, get a drug screen upon report.
Make sure following each injured worker’s doctor’s appointment you
get a doctor note and a completed leave form from the employee if
the doctor took them out of work or if you cannot accommodate light
duty.
Workers’ Compensation How To Manage Costs
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If the workers’ compensation physician allows the employee to return to
work light duty, provide this type of work or call us for assistance.
Let the employee be responsible for their claim and hold them
accountable i.e. setting doctor/physical therapy appointments,
providing notes, completing leave forms, employee discipline, etc.
Ask the employees supervisor to investigate and document how and
why the accident happened. Injured worker and witnesses to the
accident should be present. Goal: see if we can avoid future injury.
Accident reduction or avoidance through school/department safety
program.
What you can expect?
•Injury occurs.
Employee
advises
supervisor.
•School
Secretary or
Supervisor calls
in the incident
to the dedicated
Sedgwick line
1-866-350-8665
•Once report is taken,
the intake center will
transfer the call to the
dedicated School
Board of Brevard
County nurse
• Employee speaks
confidentially with
Nurse.
Nurse reviews
symptoms &
recommends
appropriate care. If
provider care is
recommended, Nurse
schedules
appointment and
faxes the nurse report
to doctor.
Nurse Report, first
drug fill, and
medical referral
instruction e-mailed
to employee,
secretary and risk
management.
Follow up survey
within 24-36 hours of
triage
Workers’ Compensation Call-In Process
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Employee comes to you regarding an injury. If you feel it is lifethreatening call 911.
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If the injury is not life threatening complete call-in sheet.
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Upon completion of call-in sheet call (866) 350-8665
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When prompted provide all the information listed on the call in
sheet then give the phone to the injured worker.
While the employee is on the phone, prepare the drug free
workplace forms.
Workers’ Compensation Call-In Process
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When employee finishes call with nurse, you will be placed on the phone again for
follow up discussion and instruction.
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Follow the nurse’s instructions on medical care.
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Send employee for their drug screen and medical treatment.
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Following medical treatment and employees return to work obtain doctor note and if
necessary obtain leave forms. If employee cannot work or unable to work regular
work schedule obtain completed FMLA form and submit to human resources
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If employee is able to return to work with limitations, do so.
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After each future doctor appointment obtain note and if necessary a leave form.
Family Medical Leave Act - FMLA
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Employee job-protected leave (must have worked 1,250 hours prior to leave) for self or
family medical reasons with continuation of group health insurance coverage under the
same terms and conditions as if the employee had not taken leave. Eligible employees
are entitled to:
Twelve workweeks of leave in a 12-month period for:
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the birth of a child and to care for the newborn child within one year of birth;
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the placement with the employee of a child for adoption or foster care and to care
for the newly placed child within one year of placement;
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to care for the employee’s spouse, child, or parent who has a serious health condition;
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a serious health condition that makes the employee unable to perform the
essential functions of his or her job;
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any qualifying injury arising out of the employee or employee’s spouse, son, daughter,
or parent of a covered military member on “covered active duty;” or 26 workweeks
of leave during a single 12-month period to care for a covered military member with
a serious injury or illness to the employee’s spouse, son, daughter, parent, or next of
kin who is a qualifying military member.
Family Medial Leave Act – What To Do
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If an employee seeks leave due for medical care (including workers compensation) that
may be associated with a qualifying condition, make sure the FMLA leave application
form is completed and kept on file. If the employee is out > 5 days then send the
application form to human resources along with the completed leave form.
If an employee is taking time off work and you suspect it may be due to a qualifying
medical condition, inform them of their rights under FMLA.
Review Board Policy 4430.01 FMLA Leave for further clarification on rights and our
responsibility to the employee. Communicate with Human Resources on this issue if you
have any questions or need assistance (Florencia Cardona ext. 219 or Bernice Johnson ext. 263).
Go to the following website to obtain FMLA forms and information:
http://benefits.brevard.k12.fl.us/HR/LOA/LOA%20Forms%20Documents%20&%20FMLA%20Certifications.htm
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Provide the appropriate leave as directed by the employee’s physician. This leave can
be for days or weeks, but can also be periodic leave or intermittent leave.
The Americans With Disability Act (ADA)
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The Americans with Disability Act (ADA) prohibits discrimination
against people with disabilities in employment, transportation,
public accommodation, communications, and governmental
activities.
The employment provisions of the ADA require:
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equal opportunity in selecting, testing, and hiring qualified applicants
with disabilities;
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job accommodation for applicants and workers with disabilities when
such accommodations would not impose "undue hardship;" and
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equal opportunity in promotion and benefits.
The Americans With Disability Act (ADA) – What to Do
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If an applicant or existing employee advises you that they have a physical or
mental limitation that will interfere or not allow them to do any part of the
existing job it is important that you inform them of their rights under the ADA
and you must give them the right to seek an accommodation.
If you are aware that an employee has a condition that may qualify them
under ADA and they are not aware of their rights, you must inform them of
their rights and must give them the right to seek an accommodation.
For work related injuries, this will not be an issue until the physician places the
employee at maximum medical improvement. If you have a question related
to work related issues such as this call risk management.
If you become aware of folks needing assistance or have any questions about
this law, communicate with human resources. We have attached information
taken from the HR website that may assist you.