Industrial Medical Leave of Absence - Employee Handbook

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Sample Company Policies And Procedures:


Industrial Medical Leave of Absence

Request for Leave - An employee will be granted a leave of absence due to disability arising from an industrial (work-related) illness or injury, provided that he or she submits a written request for such leave. In addition, the employee must furnish a doctor's written certification stating the leave time is necessary due to an industrial injury or illness and the length of such leave. Written updates may be requested from time to time thereafter. Failure to provide the above information is grounds for denial of an industrial medical leave of absence.     

Length of Leave - An industrial medical leave of absence shall be for a reasonable period of time during which an employee is disabled, but the leave of absence shall not extend beyond the time that the employee is deemed "permanent and stationary."      

Compensation and Benefits - Industrial Medical Leaves of Absence are without pay from the company, but the employee may be entitled to disability payments under the company's Workers' Compensation insurance policy. The company will, however, continue to pay the premium for the employee's health insurance that the company would have paid but for the employee's leave. The employee will be responsible for paying for the employee portion of the health insurance premium, and such payment will be due at the same time as if it had been made by payroll deduction. Insurance may be cancelled if the employee fails to pay his or her portion while on leave. The company's payment will continue for a maximum of 12 weeks of leave time. Employer premium payments for these benefits will cease immediately following the 12 week period. In this event, the employee may apply for COBRA continuation coverage of health benefits under applicable law.     

Use of Vacation and Sick Leave - An employee who takes an Industrial Medical Leave of Absence (Option: “must” or “can choose to”) substitute for such leave any sick leave or vacation time that the employee may have accrued.      

Return from Leave - An employee returning from this leave of absence must furnish a doctor's written certification of his or her fitness to perform the essential functions of his or her job, with or without reasonable accommodation. Failure to return from leave of absence by the scheduled time may result in termination.      
Upon return from such a leave of absence, the company will use its best efforts to return the employee to a position, which is the same, or similar to that previously held.

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