CRE(LOCAL) - INSURANCE AND ANNUITIES MANAGEMENT: WORKERS
The Board has authorized the establishment of the Office of Employee Benefits and Risk Management to protect and serve the interest of the District and its employees. The Board delegates to the Superintendent the executive function of maintaining an effective risk management program. Upon delegation by the Superintendent, the chief administrative officer shall be responsible for the administration and implementation of the program.
The Office of Employee Benefits and Risk Management, under the direction and supervision of the chief administrative officer shall be responsible for, but not limited to, the following:
Administration of the Workers' Compensation Act.
Providing staff assistance for an effective District-wide loss prevention program to reduce accidents and cost.
Providing staff assistance in achieving compliance with the Texas Hazard Communication Act.
All employees, as determined by the legal definition of employee, are covered by provisions of the Workers' Compensation Act effective July 1, 1974. The Workers' Compensation Act provides basic compensation and all medical costs to those employees injured within the course and scope of employment. Therefore, this policy shall apply only to those employees whose illness or injury is covered by the Workers' Compensation Act.
The fiscal method to provide the funds for workers' compensation benefits shall be approved by the Board and in accordance with state law.
An employee absent from duty one day or more or needing medical attention due to an injury or illness from work-related activities shall be required to present a certificate of disability by a licensed doctor of medicine, dentistry, chiropractic, or podiatry. This certificate shall be sent by the principal or supervisor to the Office of Employee Benefits and Risk Management within 24 hours after receiving the certificate of illness or injury from the employee.
Reporting an Incident
Each injured employee must report any injury or accident involving such employee immediately to his or her immediate supervisor, even if medical treatment is not necessary. As long as the injury or accident is reported to the supervisor and recorded within the 30-day period required by law, the employee may initiate a workers' compensation claim if the need should arise later.
Injured employees shall report any accident or injury immediately to the supervisor. The employee shall not leave the job before the supervisor has been notified, unless the injury requires immediate medical treatment. If the supervisor is not available, the employee shall notify the supervisor's assigned representative.
If an employee is absent from duty one day or more or needs medical attention, the employee shall notify his or her principal or supervisor. The reason for the absence and the anticipated date of return to duty shall be verified by a doctor's statement.
Upon notification of the injury or illness of an employee, the principal or supervisor shall submit the required forms to the Office of Employee Benefits and Risk Management.
Verification of Benefits
Compensation for lost time as a result of a work-related accident or injury is mandated by the Workers' Compensation Act. Lost time compensation shall be verified by a licensed doctor of medicine, dentistry, chiropractic, or podiatry. Other employee benefits are available to injured employees.
An injured employee may utilize his or her personal sick leave when a work-related injury prevents his or her return to the job. The Office of Employee Benefits and Risk Management shall advise the payroll office of the date the employee is released to return to work, the inclusive dates of the employee's incapacitation, and the total amount of money paid for weekly disability benefits.
An injured employee shall furnish the Office of Employee Benefits and Risk Management, not less frequently than monthly during the continuation of the contractual relationship with the District, a status report setting forth the condition of the employee and the date of his or her expected return to duty.
The director of employee benefits and risk management may require the employee to be examined by a licensed doctor of medicine, dentistry, chiropractic, or podiatry, of the District's choice, with the cost of the examination paid by the District.
Return to Duty
Employee safety and physical fitness are essential to loss prevention. Any employee desiring to return to work after a workers' compensation illness or injury may be required by the director of employee benefits and risk management to be examined by a licensed doctor of medicine, dentistry, chiropractic, or podiatry of the District's choice with the cost of the examination paid by the District. Procedures for return to duty include the following:
At the end of each absence(s) from duty of one to five days, the employee shall notify the director of employee benefits and risk management, through the employee's principal or supervisor, of his or her desire to be restored to duty. Medical proof of physical fitness shall be required. The principal or supervisor shall notify the Office of Employee Benefits and Risk Management on the day of notification with the required forms.
If the employee is absent more than five workdays, the employee must report to the Office of Employee Benefits and Risk Management to receive approval to return to work, and must report for work on the date specified by the employee's doctor.
The director of employee benefits and risk management may require the employee desiring to return to duty to be examined by a licensed doctor of medicine, dentistry, chiropractic, or podiatry, with the cost being paid by the District.
The employee shall be furnished notification of the required examination from the Office of Employee Benefits and Risk Management by certified or registered mail. The employee has ten days from the date of the mailing to submit to an examination by the doctor specified by the District. If the doctor finds, and advises the employee, that the employee is physically able to return to work on a specified date, the employee shall return to duty on the date specified.
If the employee fails to report for work on the date specified by the employee's doctor, or fails to timely submit to examination by the doctor specified by the District, or fails to return to work on the date specified by the examining doctor designated by the director of employee benefits and risk management, any such failure shall be effective as the resignation of the employee from employment in the District.
The director of employee benefits and risk management may at any time require the employee to submit a doctor's statement of the employee's physical fitness to perform the required duties. Required duties may vary from normally assigned duties.
After an evaluation of medical information, the Office of Risk Management may recommend a change in assigned duties of the employee to the Department of Human Resources.
Any employee who is unable to perform the required duties of a position may be terminated in accordance with Board policy.
Placement Upon Return to Duty
An employee electing to return to work after a job-related injury or illness shall be entitled to restoration to duty, contingent upon a vacancy for which the person is qualified. It is the responsibility of the employee to keep the Office of Employee Benefits and Risk Management advised of his or her current address. Any employee notified of a vacancy must report for duty within five days. Failure to report for duty shall be determined as an election not to report, and employment shall be terminated in accordance with Board policy and applicable statute.
Placement on Alternative Duty
The District may offer alternate duty to an employee who is on workers' compensation. "Alternate duty" shall mean work that is less physically demanding on an employee than his or her regular job.