The following is information for any member who may have a restriction or need an accommodation for their job. This includes information as this practice may relate to Workers Compensation.
MR/LOA, WC, ADA
• If a member is on Workers Compensation, may the Company place the member off payroll after 150 days?
Yes. The member would incorporate lost wages as part of their compensation claim, track their time and keep their Worker’s Comp attorney advised
• Is it proper for a member to apply for Unemployment benefits when placed on a MR/LOA?
Yes. However if a member applies for SSDI, that may negatively impact their case
• When a member is notified they are being placed into the MR/LOA plan, what steps should the member take?
The member should contact WFI (877-635-1231). The member’s doctor should follow the process to assist the member in their request for an accommodation (submit clinical information to support the accommodation). No medical information should be given to the supervisor. Member may choose to self-identify under the Americans with Disabilities Act (ADA) if they are ADA qualified. If no relief, member should consider an outside attorney who specializes in disability law. Some units have an attorney they are familiar with that have represented our members well, so members may inquire at the unit office for a referral, otherwise there is Union Plus Legal Services 888-993-8886. (handout provided) www.unionplus.org/legal-aid-services
• For answers to additional questions, call the ADA Information Line-800-514-0301 www.ada.gov/qandaeng.htm