Page 88 - An Indispensible Resource for Being a Credible Activist

good relationship with your carrier’s reps and have high injury rates, you will likely
receive notice, which should prompt you to notify certain colleagues: building staff,
leadership, legal, any department head whose staff have high injury rates, and so on.
You should also keep accurate records of all internal and external safety training your
staff has attended, including dated sign-in sheets that indicate the training topic,
location, trainer, and length of training.
The HR Tool entitled “Sample Letter to Medical Providers Who Erroneously Bill
Employees or Company for Workers’ Compensation Bills,” on pages 75–76, shows how the
situation of erroneous WC billing might be handled.

DISABILITY INSURANCE

Be sure that you understand your disability insurance carrier’s policy regarding employees
on FMLA leave or leave without pay; they may refuse to cover the employee under the dis-
ability policy, stating that the employee was not “actively” employed. Be aware of waiting
periods before employees are paid their disability benefits under certain circumstances, and
learn all you can about this and other aspects of your policy by interviewing your policy rep-
resentative. The details are often not indicated in your policy. Do not promise employees
coverage, as the STD/LTD (for short-term disability/long-term disability) company will
make decisions on their claims based on what their physician certifies on the necessary
forms. Also, be aware that statutory disability benefits vary by state, and if you have
employees working in different states, you will need to understand those details so you can
explain them to employees.
You may want to consider a company leave donation program to allow employees to
help each other out when they are very ill and run out of sick time. The HR Tool outlining
the policy entitled “Sample Memo: Leave Donation Policy,” is on page 76.

FAMILY MEDICAL LEAVE ACT COMPLIANCE

The FMLA requires private employers with 50 or more employees and public agencies,
including all state, local, and federal government employers regardless of the number of
employees, to provide covered employees with up to 12 workweeks of unpaid, job-protected
leave a year. It also requires these employers to maintain group health benefits during the
leave as if employees continued to work instead of taking leave. To be covered by the FMLA,
an employee must (1) have been employed by the employer for at least 12 months, (2) have
been employed for at least 1,250 hours of service during the 12-month period immediately
preceding the commencement of the leave, and (3) be employed at a worksite where 50 or
more employees are employed by the employer within 75 miles of that worksite.
For more information regarding the FMLA, visit JAN’s FMLA Library or contact the U.S.
Department of Labor, Wage and Hour Division, at (866) 487-9243. To find your nearest
office, check your local phone directory under U.S. Government, Department of Labor. For
a list of state Wage and Hour offices, visit http://www.dol.gov/esa/contacts/state_of.htm. 1

CHAPTER 5 • Legal Issues Concerning Compens ation, Insurance, Leave 71