University of Minnesota
Office of Human Resources
http://www.umn.edu/ohr
612-625-2016

Article 28 Workers' Compensation

Any employee who is injured or who is involved in an accident during the course of his/her employment, no matter how slight the injury, shall file an accident report with the designated supervisor, as soon as possible after the injury and prior to the conclusion of the employee's work day, whenever possible.

Employees whose on-the-job injury prevents them from performing their regular duties, but who are physically and mentally able to perform duties in a satisfactory manner, shall be hired in a vacant position for which they are qualified, at the same or lower pay range, ahead of all other applicants, except those having received layoff notice, laid off employees and employees determined to be disabled under pertinent provisions of the Americans with Disabilities Act (ADA), in accordance with Article 5, Recruitment and Employment.

Employees injured on the job who cannot be re-employed in an AFSCME Unit 7 position may be given temporary assignments in non-union positions without jeopardizing their union status.

Upon request, the University will give the Union a periodic status report about return to work and accommodations for employees on Workers' Compensation and, upon request, shall meet with the Union at a mutually agreed upon time to discuss accommodating the return to work of employees on Workers' Compensation.

Time for which Workers' Compensation benefits are received is not considered "work time." Therefore, any time on Workers' Compensation does not count toward completion of the probationary period or eligibility for holiday pay or vacation or sick leave accrual. Only actual time worked or the time charged to vacation or sick leave is used to determine eligibility for such benefits.

When an employee on Workers' Compensation benefits has decided to use sick leave and/or vacation to supplement his/her Workers' Compensation benefits the following procedure applies: The employee shall notify the appropriate payroll office that s/he wishes to supplement his/her Workers' Compensation check through use of sick leave and/or vacation leave. The University shall obtain from the University Workers' Compensation Insurance Administration Office the amount of the benefit check and authorize a payroll check in the amount of the difference between the benefit check and the employee's regular gross pay for the employee's normal pay period. The employee's sick leave and/or vacation balance shall be reduced by the amount of the payroll check divided by the employee's hourly rate of pay at the time the payroll check is issued.

An employee who uses sick leave and/or vacation leave while awaiting the Workers' Compensation determination shall return that part of the Workers' Compensation check which covers the waiting period to the University. The University shall credit back to the employee sick leave and/or vacation leave the number of hours equal to the amount of the Workers' Compensation check divided by the employee's hourly rate.

An adjustment could require reimbursement from the employee to the University if the combination of compensation payments and sick leave and/or vacation payments exceeds his/her normal salary.

Health, life, and dental insurance benefits provided under Article 20, Insurance, shall continue as long as an employee meets the eligibility requirements, makes timely payment of the employee's contribution, is off the University payroll due to a University work-related injury or work-related disability and is receiving or is eligible to receive Workers' Compensation payments.

When an employee has incurred an on-the-job injury or disability and has filed a claim for Workers' Compensation, medical costs connected with the injury or disability shall be paid by the Health Maintenance Organization or the Health Insurance Carrier pursuant to the provisions of Minn. Statute 176.191, Subdivision 3.

If employees who are receiving Workers' Compensation benefits secure employment outside the University instead of accepting a position at the University of Minnesota, their Department may terminate them at the beginning date of employment or when the employee is eligible for health insurance with their new Employer or after six (6) months leave of absence, whichever comes first.

If an employee becomes physically, mentally, or emotionally handicapped to the extent that s/he cannot perform regular duties, the Employer shall make a reasonable effort to place the employee in a position that s/he is physically, mentally, or emotionally able to perform. The Employer does not have to create a new position solely to provide employment for the employee.