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HomeMy WebLinkAboutAgenda - 06-24-2008-11bf u sz 3~ O Orange County Human Resource. Department 208 South Cameron Street Post Office Box 8181 Hillsborough, NC 27278 TO: Laura Blackmon, County Manager Michael McGinnis, Human Resource Director FROM: Annette M. Moore, Policy and Compliance Officer RE: Worker's Compensation Administrative Rules and Regulations Date: June 16, 2008 Tel (919) 245-2550 Fax (919) 644-3009 www.co.orange.nc.us At the June 26, 2007 Board of County Commissioners meeting, the Board approved a revised Section 1.0 of Article TV of the Personnel Ordinance regarding worker's compensation. The revision directed the County Manager to develop Rules and Regulations consistent with the North Carolina Worker's Compensation Act to provide the staff with guidance necessary to comply with both the Act and the Orange County Personnel Ordinance. As you are aware prior to the Board's initial review of the Worker's Compensation Rules and Regulation, on November 13, 2007, the draft rules were reviewed by the County Manager, County Attorney, Department Directors, and appropriate staff members. After receiving input from the Board, Staff received additional questions and comments from Department Directors and others on the Worker's Compensation Rules and Regulations. To respond to those questions, additional meeting were held to ensure that the language was clear, other points of view were taken into consideration and that best practices were used in developing the Worker's Compensation Rules and Regulations. After those meetings, the initial document was modified to incorporate suggested changes, comments and best practices. Meetings were then again held to discuss the resulting documents and the procedures necessary for carrying out the Rules and Regulations. These Administrative Rules and Regulations that have been developed are consistent with the language in the North Carolina Workers Compensation Act and best practices. In addition, they will to provide guidance to supervisors and employees to carry out the revision to Article IV, Section 1.0 of the Orange County Personnel Ordinance. With the Manager's approval, the Administrative Rules and Regulation will be ready for implementation As part of this process you may also recall that we are required to inform the Board of the implementation of or substantive changes to the Rules and Regulations to ensure that they are consistent with the actions of the Board. See Orange County Personnel Ordinance Article I, Section 7.0. I am requesting that we place a copy of the Worker's Compensation Leave Administrative Rules and Regulation on the Board's Agenda so that we may comply with the Boards request prior to implementing these Rules and Regulation. Let me know if you have any additional questions: An Epual Opportunity/Affirmative Action Employer Orange County Personnel Rules and Regulations Manual Effective Date: 7/1/ 2008 Worker's Compensation I. ORDINANCE In accordance with the provisions of the North Carolina Workers' Compensation Act, Orange County will provide for employees protected under the Act who by accident suffer personal injury or occupational disease arising out of and in the course of their employment with the County. (See NCGS 97-1, et. seq., The North Carolina Workers' Compensation Act) The County Manager will promulgate rules and regulations consistent with the North Carolina Worker's Compensation Act necessary to carry out the provisions of this Article. See Orange County Personnel Ordinance, Article IV, Section 1.0, adopted June 26, 2007. II. AUTHORITY The purpose of this rule is to implement and give effect to Article IV, Section 1.0 of the Orange County Personnel Ordinance, Workers' Compensation. (See also NCGS 97-1, et seq. and 04 NCAC 10 et seq.) These Administrative Rules and Procedures provide for consistent application of the Ordinance to ensure that Orange County employees who receive a compensable injury under the Workers' Compensation Act while on the job are provided a swift and certain remedy for their injury and to ensure limited and determinate liability for the County. III. RULE The Orange County Workers' Compensation section of the Personnel Ordinance provides employees, who are injured on the job as a result of compensable accident under the Workers' Compensation Act, medical benefits, disability compensation, and leave for employees who lose time from work as a result~of their injury. When an employee receives a compensable injury, as defined in G.S. 97-2(6), the employee must go on workers' compensation leave and receive workers' compensation weekly benefits after the waiting period, required by G.S. 97-28, in accordance with these Administrative Rules and Regulations. IV. ADMII~TISTRATIVE RULES AND REGULATIONS A. Worker's Compensation Administration 1. Covered Employees -Ail Orange County employees, as defined in G.S. 97-2(2), engaged in employment with the County are covered under the North Carolina Workers' Compensation Act and these Administrative Rules and Procedures. This includes all permanent, provisional, temporary, time-limited, and part-time employees, officers and elected officials. 2. Benefits -Any employee who suffers an accidental injury or an occupational disease, within the meaning of the Workers' Compensation Act, arising out of or during the course of their employment is entitled to Issue Date: July 1, 2008 Page 1 Orange County Personnel Rules and Regulations Manual Effective Date: 7/1/ 2008 receive benefits as provided by the Act, and in accordance with these rules. a: An employee is entitled to medical benefits and compensation for time lost from work and any disability that results from the injury. b. Time missed from work will be paid in accordance with the provisions of the Workers' Compensation Act. Currently, the weekly compensation to be paid is equal to 66 2/3 of the employee's average weekly earnings up to a maximum established by the North Carolina Industrial Commission each year. 3. Employee's Responsibility -Responsibility for claiming compensation is on the injured employee. a. An employee must provide notification of an accident to their Department Director, their Department Director's designee, supervisor and the Human Resource Department immediately, or as soon as practicable thereafter, but no later than 30 days after the occurrence of the accident or death; and b. Employees or their representatives should contact the employee's supervisor at least once a week, if the injured employee's condition allows, this can be done by telephone or in person as the supervisor requires (employees released to light duty who do not have an assignment, must contact their supervisor weekly as designated by the supervisor); c. File a claim through the North Carolina Industrial Commission within two years from the date of injury or knowledge thereof. See www.comp.state.nc.us/ncic/pages/forml8a/pdf; and d. It is the responsibility of the injured employee to maintain contact with their supervisor at least once a week, if the injured condition allows. 4. Department's Responsibility -The department is responsible for: a. Ensuring that the Workers' Compensation policy and these rules and procedures are communicated to employees; and b. Filing an accident report in the Human Resource Department within 24 hours of the time of the accident, or as soon thereafter as practicable. (Workers' Compensation Form 19, Employers Report of Injury to an Employee, See http://www.comp.state.nc.us%ncic/pales/forml9.pdf); and Issue Date: July 1, 2008 Page 2 Orange County Personnel Rules and Regulations Manual Effective Date: 7/1/ 2008 (/ c. Maintaining contact with the injured employee by establishing with the employee a designated time and manner of reporting, if the injury allows; this may be accomplished by, but not limited to, such things as meetings by telephone or email or in person. 5. Human Resource Department Responsibility -The County, through the Human Resource Department, is responsible for administering the workers' compensation program. The Human Resource Department is responsible for: a. Designating a Workers Compensation Administrator to be responsible for ensuring processing and monitoring of claims; and b. Reporting an injury to the North Carolina Industrial Commission within five days from knowledge of any claim that results in more than aone-day absence from work or if medical expenses exceed the reportable amount established by the Industrial Commission. c. Effectively communicating the Worker's Compensation Policy and these rules and regulations to employees and supervisors. 6. Return to Work - a. An employee, who has been released by the treating physician to return to work after experiencing awork-related injury or illness, has three possible return to work situations. The Human Resource Department shall develop a structured Return to Work Program to address each of these situations. i. The Employee has Reached Maximum Improvement and is Released to Return to Work - When a employee has reached maximum improvement and has been released to return to work by their treating physician, the department shall return the employee to the same position or one of like seniority, status and pay as that held prior to workers' compensation leave. ii. Has Not Reached Maximum Medical Improvement but is Ready to Return to Limited Duty -When an employee has not reached maximum medical improvement and is ready to return to limited work duty with approval of the treating physician, but retains some disability which prevents successful performance in the original position, the County shall, if available, provide work reassignment suitable to the employee's capacity which is productive and Issue Date: July 1, 2008 Page 3 Orange County Personnel Rules and Regulations Manual Effective Date: 7/1/ 2008 advantageous to the employee and the County. This work assignment shall: Be a temporary assignment; and 2. Not exceed 90 days without approval from the Human Resource Department. iii. Has reached Maximum Medical Improvement but has a Disability -When an employee has reached maximum medical improvement and has been released to return to work by the treating physician, but has received a disability which prohibits employment in the previous position, the County shall: 1. Attempt to place the employee in another position (with an appointment similar to that held prior to the injury) that is suitable to the employee's capacity and is productive and advantageous to both the employee and the County. 2. During the work placement efforts, the employee shall be appointed to the frrst suitable vacancy that occurs; 3. If the employee accepts a position in a lower pay grade than the pre-injury position, the employee's pay must be adjusted, as appropriate within the range of the lower pay grade. 4. If a position is not available that is suitable to the employee's capacity, the employee shall continue on workers' compensation leave until work placement or separation. 5. Work placement efforts may be in the form of referral to internal vacancies, other state or municipal government vacancy listings, third party reemployment services, vocational rehabilitation, etc. 6. Placement efforts do not preclude separating an employee on workers' compensation benefits, if it is determiried that the position that the employee currently fill is a "critical" position. Separation may occur at anytime in accordance with the Issue Date: July 1, Zoos Page 4 Orange County Personnel Rules and Regulations Manual Effective Date: 7/1/ 2008 C._./ Orange County Personnel Ordinance, Article IX - Separation. b. Certification Required. Prior to returning to work, a Physician's Certification will be required to determine an employee's fitness to return to work. c. Refusal of Suitable Employment - If an employee who has been on workers' compensation leave, has reached maximum medical improvement and is released by the treating physician to return to work and refuses suitable employment in keeping with the employee's capacity, the County shall request stop payment of the workers' compensation benefits and implement dismissal procedures. 7. Retaliatory Employment Discrimination Act (REDA) GS 95-240 et. seq. - No employee shall be discriminated or retaliated against because the employee in good faith filed or threaten to file a workers' compensation claim. B. Use of Leave Time by Employee on Worker Compensation Leave 1. Leave on the Day of Injury - No leave shall be charged to the injured employee on the day of the injury if the treating physician instructs the employee not to return to work in either permanent duty or restricted duty. The employee will be required to present a written statement, upon request, to the Department Director or supervisor from the treating physician indicating that the employee is not to return to work in either a permanent or restricted duty capacity. 2. Additional Leave - If additional leave time is required, after the seven (7) day waiting period required by G.S. 97-27, the employee must go on workers' compensation leave and receive the workers' compensation weekly benefit. a. An employee may choose one of the waiting period options listed below: Once an election is made it may not be rescinded during the duration of the claim: i. Option 1: Elect to take compensatory, sick or vacation leave during the required waiting period and then go on workers' compensation leave and begin drawing weekly benefits. ii. Option 2: Elect to go on workers' compensation leave with no pay for the required waiting period and then begin drawing weekly benefits. Issue Date: July 1, 2008 Page 5 Orange County Personnel Rules and Regulations Manual Effective Date: 7/1/ 2008 C~ b. If time lost extends beyond the specified twenty-one (21) days of disability period, the workers' compensation weekly benefit shall be paid from the day 1 of disability forward. If this occurs and the employee elected Option 1 listed above, then no adjustment will be made to the employee leave balance for those workdays. 3. Use of Partial Leave - In Option 1 or 2 above, after the employee has gone on workers' compensation leave, the weekly benefit nzay be supplemented by use of partial compensatory, sick or vacation leave, earned prior to the injury. This will be done by calculating the employee's average weekly wage multiplied by 33 1/3 (approximately 13.33 hours). This wrli provide a total income approximately equal to the employee's take-home or net pay. Compensatory leave must be exhausted prior to using sick or vacation leave. 4. Overtime Compensation Leave -Overtime Compensation Leave accrued prior to the injury, if applied within the timeframe specified in the Orange County Overtime Compensation Policy, may be used during the 7-day waiting period. Overtime Compensation Leave must be used before sick or vacation leave. 5. How to Pay Partial Leave - If an employee has earned leave or compensatory time and chooses to use it while drawing the weekly benefit, it shall be paid on a temporary payroll at the employee's hourly rate of pay, subject to state and federal withholding taxes and Social Security, but not subject to retirement withholdings, the same as other temporary pay. 6. No Leave Required for Follow Up Medical Visits - An employee who returns to work and is required to attend medical or therapy appointments during regularly scheduled work hours to reach maximum medical improvement, shall provide the supervisor with notice of the appointments, but is not required to take leave from work for required treatment. Paid time away from work will be limited to reasonable time for treatment and travel; excess time will be charged as personal leave, petty leave, vacation leave, sick leave or leave without pay. 7. Personal, Vacation and Sick Leave Credits -While on workers' compensation leave, the employee shall continue to accumulate personal, vacation and sick leave to be credited to the employee's account for use upon return to permanent duty. Leave Paid if Employee Does Not Return - If an employee does not return to permanent duty from workers' compensation leave, both accumulated Issue Date: July 1, 2008 Page 6 Orange County Personnel Rules and Regulations Manual Effective Date: 7/1/ 2008 or unused vacation leave accrued at the time of the injury, and not subsequently used to supplement weekly benefit, shall be paid out in a lump sum payment; however, in no event shall the lump sum payment exceed a maximum of 240 hours. The employee will not receive any compensation for unused petty, personal or sick leave. 9. Health Insurance -While on workers' compensation leave, an employee shall continue to be covered under the County's health insurance program as if in a paid status. a. The County will pay monthly health insurance premiums for the employee; the employee will be billed directly for dependent care premiums and must pay the Orange County Finance Department directly for the cost of the premiums. b. Employees who use partial vacation or sick leave may elect to pay for dependant care premiums through payroll deduction. If the amount of the premium exceeds the amount of pay, then the employee will be billed for the difference between the payroll deduction and the cost of the premium by the Finance Department and the employee must remit the cost of the premium to the Finance Department. c. If employee separated prior to remitting payment of the premium, payment will deducted from any remaining money owed to the employee. 10. Retirement Service Credit- While on workers' compensation leave an employee does not receive retirement credit. As a member of the Local Government Employees Retirement System, an employee may elect to purchase credits for the period of time on an approved workers' compensation leave of absence. The employee may request information from the Local Government Employees Retirement System about this process. 11. County Service Credit and Pay Status -While on workers' compensation leave, the employee shall continue to receive total county service credit. 12. Longevity Pay -While on workers' compensation leave, an employee will continue to receive longevity credit. Employees who are eligible for longevity pay shall receive their annual payment when they return to work. 13. Reinstatement Salary -Upon reinstatement, an employee's salary shall be computed based on the last salary received by the employee plus any Board of County Commissioner adjustments or increases to salary to Issue Date: July 1, 2008 Page ~ Orange County Personnel Rules and Regulations Manual Effective Date: 7/1/ 2008 which the employee is entitled; however, this does not include any increase for performance. Any performance increase which would have been given had the employee been at work may be included in the reinstatement salary if the employee has worked more than six months within the timeframe for evaluation of performance, or it may be given on any payment date following reinstatement. Issue Date: July 1, 2008 Page 8