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As a private employer, you play an important role in
the return to work of valued employees who must stop working for extended
periods because of sickness or injury. By maintaining communication with the
worker, assisting with any necessary insurance issues and using flexible
return-to-work policies and procedures, you help assure the employee that you
want him or her back and ensure a timely return to work for skilled workers.
Remember that you must comply at all times with
appropriate state and federal laws concerning civil rights, confidentiality of
medical information and worker's compensation. Your return-to-work policies and
procedures must be consistent not only with state workers' compensation laws,
but also with Title I of the Americans with Disabilities Act, the Family and
Medical Leave Act of 1993 and any other disability-related federal laws that
apply to your workplace.
Open Lines of Communication
When a worker has a serious medical condition or has
had an injury that prevents that employee from being on the job, maintain
contact with the individual or, if appropriate, the individual's family. Answer
any questions the worker or worker's family may have about leave rights or
benefits and offer to provide any additional information they need to which you
have access. If possible, visit your employee, which will let the employee know
you are concerned and give you a chance to assure the worker that you look
forward to his or her return to work. Ask the worker what information, if any,
he or she wants shared with co-workers and contacts outside the work site and
whether or not the employee would welcome calls or visits from co-workers.
Maintain contact throughout the worker's absence and keep the employee informed
about news and developments at work. Assure the employee that you welcome
hearing from her or him. Building a relationship based on trust and mutual
respect during the absence will carry over when the worker returns to the
job.
Contact With the Insurance Company
After establishing contact with the absent employee,
provide information and any necessary assistance that helps the worker apply
for health insurance or workers' compensation benefits. The type of assistance
you can give will be determined, of course, by the type of coverage the
employee has. If your company is self-insured, you can directly notify the
company's health insurance benefits office that you have an employee who is
critically ill or seriously injured. Be available to answer any questions the
carrier may have. By contacting the benefits department, you are letting it
know you are interested in the well-being of your employee and expect your
employee to be treated well.
If, however, your health benefits are provided
through a contract with an HMO, insurance company or other organization that
provides or administers a health insurance plan on behalf of your employees,
your role is probably more limited. Provide the worker assistance applying for
benefits and services if requested to do so by the employee.
Some insurance plans provide for the services of a
nurse consultant, who will act on behalf of the employee in matters such as
approval of medical treatment, the rehabilitation program and the purchasing of
equipment. The consultant will also answer insurance benefit questions for the
family.
Reintegration to Work
Employees who feel appreciated are much more likely
to return to work promptly and to participate actively in the return-to-work
process. Returning workers may require accommodations such as modified work
stations, work areas or work hours. Letting an employee know you are interested
in being ready for the worker's return to work shows your commitment to having
him or her back on the job. Modifications should be discussed with the employee
and any rehabilitation professionals who are working with the employee. If the
employee is not working with a rehabilitation professional, offer to bring in a
rehabilitation engineer, vocational rehabilitation counselor or occupational
therapist for consultation. The employee has to be fully involved in the
discussions regarding modifications, including being allowed to make
suggestions about the modifications and being kept informed as those
modifications are being planned and made. Consider having the employee inspect
accommodations and any physical modifications being done to the work site
before he or she returns to the job to prevent surprises when the
return-to-work day arrives.
Flexibility
Offer the employee options such as returning to work
on a part-time schedule, gradually increasing work hours, or taking part in
meetings via conference calls. Be sure to discuss the length of such an
arrangement with the employee, and be prepared to make adjustments along the
way. If requested, send the employee's general mail, memos and other
informational materials home on a prearranged schedule, so the employee is not
overwhelmed when returning to the work site.
The employee may need to continue rehabilitation
after returning to work. Be as flexible as possible with the employee's work
schedule while rehabilitation continues.
Protecting the Returning Worker's Privacy
Federal laws protect the privacy of the returning
worker. You may share information about the worker's condition with persons at
the workplace under these circumstances:
- If the worker's duties or abilities will be restricted, you
may give the supervisors and managers the information about those restrictions
or accommodation
- If the worker's condition might require emergency treatment,
you may inform first aid and safety personnel about the condition, where
appropriate
You should not tell anyone else about the worker's
condition, health status or physical limitations. He or she may decide to share
that information with colleagues, but that decision is for the worker to
make.
Support and Continuing Support
If the worker does tell individual co-workers about
his or her condition, be open to the ideas of those co-workers on how the
return could be made easier and less stressful for their colleague. Be mindful
not to volunteer details about the worker's health condition or physical
limitations. Instead, focus on how co-workers can help their colleague make a
successful return to work.
Your continued support will be needed even after your
employee returns to work. The worker needs to know you are as interested now as
you were when he or she was on medical leave. Open lines of communication will
continue to be important.
Most important, be sure to let the employee know that
he or she continues to be a valuable member of the workplace team.
The information for this fact sheet came from
three sources:
-
The Office of Disability Employment Policy, U.S.
Department of Labor
-
"When Catastrophe Strikes: What Employers Can
Do," SPINAL Column, the Magazine of Shepherd Center, Summer 2000
-
Dr. Joel Moorhead, M.D., a former member of the
President's Committee on Employment of People with Disabilities, and currently
with Disability Management Services, Prudential Insurance
This publication is available in alternate
formats.
July 2001 |
