workman comp/termination

[rmcnellis]

What is the name of your state? montana
our employer has implemented a new workmans comp policy and is asking employees to sign it. it says that anyone who is injured on the job has and is off work 30 days will be terminated 30 days from the date of injury unless they report back to work. they will terminate health insurance and 401k benefits after 30 days from date of injury. they also said you will be given 2 years to reapply for a position if one is open, and you will be hired back. i was told the part about having 2 years to reapply is montana state law. what about the rest? there are several employees at my company who this applies to right now. they were all injured in accidents and negligence on their part (slipping on the ice because the company did not maintain walkways and entry ways). also, one part time employee slipped on the ice and had a heart attack. he had to have surgery and won't be able to work for several months. would he qualify for workmans comp? if not, why? thank you so much. this is a very time sensitive issue as they are pressing us to sign this "appendice to the employee hand book."

 

[Beth3]

I strongly suspect your employer is WAY out on a limb with a saw in hand regarding this new policy but I need to ask you a question before responding further, as there are multiple legal issues here. Approximately how many people are employed by this company?

P.S. While the part of his injuries due to the slip on the ice might be covered by worker's comp, it is highly unlikely the heart attack is work related or was caused by the fall.

 

[rmcnellis]

my company employs between 100 and 120 people, depending on the season. thanks again for all your help.

 

[Beth3]

Then your employer is REALLY suffering from a cranial-rectal inversion.

Employers with 50 or more employees are all subject to the federal Family & Medical Leave Act which, among other things, requires employers to extend up to 12 weeks of medical leave to an employee with a "serious health condition." That applies to ANY serious health condition, including one caused by a work injury or illness (provided the employee has worked there for 12 months and worked at least 1,250 hours during the 12 months preceeding the leave.)

The very first time your employer terminates someone who is out on WC at 30 days, they should contact your State's WC Division and the federal Department of Labor (or talk to an employment law attorney) immediately. I have no doubt that this is a violation of your WC statutes (as this leave policy appears only to apply to WC situations) and the federal FMLA as well.

This is going to cost your employer some very big bucks if they actually follow through on this idiotic policy. Sheesh.