To ensure that you receive any workers’ compensation benefits to which you may be entitled, you will need to: • Immediately report any work-related injury to your supervisor. • Seek medical treatment and follow-up care if required. • Complete a written Employee’s Claim for Workers Compensation Benefits (DWC Form 1) and return it to your supervisor. • Provide AJK with a certification from your health care provider regarding the need for workers’ compensation disability leave, as well as your eventual ability to return to work from the leave. Upon submission of a medical certification that an employee is able to return to work after a workers’ compensation leave, the employee under most circumstances will be reinstated to the same position held at the time the leave began, or to an equivalent position, if available. An employee returning from a workers’ compensation leave has no greater right to reinstatement than if the employee had been continuously employed rather than on leave. For example, if the employee on workers’ compensation leave would have been laid off had the employee not gone on leave, or if the employee’s position has been eliminated or filled in order to avoid undermining AJK’s ability to operate safely and efficiently during the leave, and no equivalent or comparable positions are available, then the employee would not be entitled to reinstatement. An employee’s return depends on the employee’s qualifications for any existing openings. If, after returning from a workers’ compensation disability leave, an employee is unable to perform the essential functions of their job because of a physical or mental disability, AJK’s obligations to the employee may include reasonable accommodation, as governed by the Americans with Disabilities Act. Workers’ Compensation and Paid Sick Time Paid Sick Time is a benefit that also covers absences for work-related illness or injury. Employees who have a work-related illness or injury are covered by workers' compensation insurance. You will be paid your regular wages for the time you spend seeking initial medical treatment. Any further medical treatment will be under the direction of the health care provider. Any absences from work for follow-up treatment, physical therapy or other prescribed appointments will not be paid as time worked. If you have accrued and unused sick leave, and the time off is not covered by federal family and medical leave (FMLA OR CFRA), the additional absences from work will be paid with the use of sick leave. If the absences are covered by FMLA OR CFRA, you may choose to substitute sick leave for any time that would otherwise be unpaid. If you do not have accrued, Paid Sick Time, or if you have used all of your sick leave, you may choose to substitute vacation/paid time off for further absences from work, related to your illness or injury. Workers’ Compensation and FMLA/CFRA Employees who are ill or injured as a result of a work-related incident, and who are eligible for family and medical leave under state and federal law (Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)), will be placed on FMLA/CFRA during the time they are Revised January 2024 Page 36 of 55
2024 AJK Employee Handbook Page 40 Page 42